High Court of KeralaWP(C)/15116/2015disposed of

G.Balachandran Nair v. State Of Kerala

2015-07-03Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 WP(C).No. 15116 of 2015 (L) ---------------------------- PETITIONER(S):

-------------------------- G.BALACHANDRAN NAIR, AGED 56 YEARS, S/O.LATE GOVINDAN NAIR HDV DRIVER SLN.GR.(RETIRED) RARS, KUMARAKOM RESIDING AT AMBATTUKUNNEL HOUSE, KOOTHATTUKULAM P.O ERNAKULAM-686 662.

BY ADVS.SRI.R.SANJITH SMT.K.JASMIN BABY SMT.C.S.SINDHU KRISHNAH SRI.R.ANAND MOHAN RESPONDENT(S):

----------------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY AGRICULTURAL DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM -695 001.

2. KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, VELLANIKKARA THRISSUR - 680 656.

3. THE COMPTROLLER KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA THRISSUR - 680 656.

R BY GOVERNMENT PLEADER SMT.M.J.RAJASREE R BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURAL UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2015, CTHE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15116 of 2015 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE ORDERS SANCTIONING PENSIONARY BENEFITS TO PETITIONER DATED 31.12.2014 EXT.P2 - TRUE COPY OF THE JUDGMENT IN WPC.NO.3962/2015 DATED 09/02/2015 RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.15116 OF 2015 (L) ----------------------------------- Dated this the 3rd day of July, 2015

J U D G M E N T

The petitioner retired from the services of the 2nd respondent University on 31.12.2014 on attaining the age of superannuation. In the writ petition, the petitioner is aggrieved by the non-disbursal by the respondent University of the pensionary benefits that have been admitted as payable to him through Ext.P1 order. In the writ petition, the petitioner prays for a direction to the respondents to release the terminal benefits due to him, expeditiously.

2. I have heard the learned counsel for the petitioner as also the learned Standing counsel for the respondent University. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and also taking note of the submission of counsel for the respondent University that the retirement benefits due to the petitioner have not been paid only because the respondent University is currently facing a financial

W.P.(C).No.15116/2015 crunch, I dispose the writ petition with a direction to the respondent University to disburse the retirement benefits that are admitted and due to the petitioner, as evidenced by Ext.P1 order, within a period of four months from the date of receipt of a copy of this judgment. I make it clear that if the amounts due to the petitioner are not disbursed to him within the period of four months, then the amounts shall carry interest @ 6% from the date of expiry of the period of four months referred to above till the date of actual disbursal of the amounts to the petitioner.

A.K.JAYASANKARAN NAMBIAR JUDGE prp