V.M.Muraleedharan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 WP(C).No. 14999 of 2015 (Y) --------------------------------------------- PETITIONER(S):
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1. V.M.MURALEEDHARAN AGED 56 YEARS S/O. LATE K. GOVINDAN KUTTY NAIR OFFICE SUPERINTENDANT (RETIRED) INTERNAL AUDIT CIRCLE (NR) VELLIMADDU KUNNU PORT, KERALA AGRICULTRAL UNIVERSITY KOZHIKODE, RESIDING AT SREELAKAM, PORT MAUKAVU CALICUT -7
2. ASOKAN V.K AGED 56 YEARS S/O. LATE KUNHIRAMAN NAIR SENIOR GRADE TECHNICAL SUPERVISOR (RETIRED) THAVANNOOR, MALAPPURAM, RESIDING AT OLIYANCHERRY HOUSE OVALLUR, FEROKE PO, 673 631 BY ADVS.SRI.R.SANJITH SMT.K.JASMIN BABY SMT.C.S.SINDHU KRISHNAH SRI.R.ANAND MOHAN RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY AGRICULTURAL DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695001
2. KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, VELLANIKKARA THRISSUR 680 656
3. THE COMPTROLLER KERALA AGRICULTRUAL UNIVERSITY, VELLANIKKARA THRISSUR 680 656 R BY GOVERNMENT PLEADER, SMT.LOUSY A.
R BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14999 of 2015 (Y) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:
TRUE COPY OF THE ORDERS SANCTIONING PENSIONARY BENEFITS TO 1ST PETITIONER EXHIBIT P2:
TRUE COPY OF THE ORDERS SANCTIONING PENSIONARY BENEFITS TO 2ND PETITIONER EXHIBIT P3:
TRUE COPY OF THE JUDGMENT IN WPC NO. 3692/2015 DATED 9.2.2015 RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL // True copy // PA to Judge das
A.K.JAYASANKARAN NAMBIAR, J.
=========================================== W.P.(C). No. 14999 of 2015 ===================================================== Dated this the 5th day of June, 2015
JUDGMENT
The petitioners, who are retired employees of the respondent University, are aggrieved by the non payment by the respondent University, of their retirement benefits, such as Gratuity Pension commutation and other monetary dues. In the writ petition, the prayer is for a direction to the respondents to sanction the retirement benefits expeditiously.
2.
I have heard the learned counsel appearing for the petitioners and also the learned Standing Counsel appearing for the respondent University.
3.
The learned Standing Counsel for the respondent University would submit that the respondent University has prepared a list of retirees of the University and the petitioners' name feature as Sl.Nos.1716 (1st petitioner) and 1713 (2nd petitioner) in that list. It is the case of the respondent that, the delay in disbursement of the retirement benefits is only on account of paucity of funds and if sufficient time is granted for disbursement of the same, the respondent will disburse the amounts due to the petitioners within that time.
-2W.P.(C). No. 14999 of 2015 On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and taking note of the plea of financial hardship urged by the learned Standing Counsel for the respondent University, I dispose the writ petition with a direction to the respondent University to disburse the pensionary benefits, that are due to the petitioners, within a period of six months from the date of receipt of a copy of this judgment. I make it clear that, if the respondent University does not disburse the pensionary benefits within the time granted above, then the payment of retirement benefits to the petitioners, will carry interest at the rate of 6% per annum from the date immediately on the expiry of the aforesaid period, till the date on which the payment is actually made to the petitioners.
Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das