High Court of KeralaWP(C)/15307/2015disposed of

Dr.Ramakrishna Pillai.M.G v. State Of Kerala

2015-05-28Honourable Dr. Justice A.K.Jayasankaran Nambiar8 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 WP(C).NO. 15307 OF 2015 (K) ---------------------------- PETITIONER(S):

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1. DR.RAMAKRISHNA PILLAI.M.G PROFESSOR (RETIRED), DEPARTMENT OF PHYSIOLOGY COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT DEEPTHI, A - 39, INDIRA NAGAR STREET 2 MANNUTHY - 680 651.

2. DR.K.C.GEORGE PROFESSOR (RETIRED), DEPARTMENT OF STATISTICS COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT KUNNURAKAL, A - 40, INDIRA NAGAR MANNURTHY - 680 651.

3. DR.STHANUMALAYAN NAIR M ASSOCIATE DIRECTOR OF RESEARCH (RETIRED) KERALA AGRICULTURAL UNIVERSITY VELLANIKKARA, RESIDING AT RAJASHREE, INDIRA NAGAR MANNUTHY - 680 651.

4. C.N.MURALEEDHARAN NAIR LABOUR OFFICER (RETIRED) KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA RESIDING AT CHAMAPARAMBIL INDIA NAGAR MANNUTHY - 680 651.

5. DR.AMRITHA VISWANATH PROFESSOR (RETIRED), DEPARTMENT OF POULTRY SCIENCE COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT THOTTATHIL HOUSE, INDIRA NAGAR, STREET 1 MANNUTHY - 680 651.

6. DR.VISWANATHAN T.V PROFESSOR (RETIRED), DEPARTMENT OF ANIMAL NUTRITION COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT THOTTATHIL HOUSE, INDIRA NAGAR, STREET 1 MANNUTHY - 680 651.

7. PROFESSOR S. BALAKRISHNAN ASSOCIATE DIRECTOR OF RESEARCH (RETIRED) KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA RESIDING AT VII/701, SUMAGIRI, INDIARA NAGAR STREET 1, MANNUTHY - 680 651.

8. DR.SANTHA E GEORGE PROFESSOR (RETIRED), DEPARTMENT OF PHARMACOLOGY COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT KAITHA PARAMBIL HOUSE, A - 38 INDIRA NAGAR, MANNUTHY - 680 651.

9. M.NANDAKUMARAN PROFESSOR (RETIRED), DEPARTMENT OF ANIMAL NUTRITION COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT SHREYAS, NEAR VICTORY ITC BLOCK OFFICE ROAD, PRANAVAM NAGAR OLLUKKARA - 680 655.

10. DR.P.A.DEVASIA PROFESSOR (RETIRED), DEPARTMENT OF ANIMAL NUTRITION COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT PUTHUKULANGARA HOUSE, VELLANIKKARA NEAR KVK, KAU P.O., VELLANIKKARA - 680 656.

11. DR..C.K.VENUGOPAL PROFESSOR (RETIRED), DEPARTMENT OF POULTRY SCIENCE COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT 28/579, LAXMI, PALIYAM ROAD THRISSUR - 680 001.

12. DR.K.RAMADAS PROFESSOR (RETIRED), DEPARTMENT OF GYNECOLOGY COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT POORNIMA, KANNANGATH LANE, M.G.ROAD THRISSUR - 680 004.

13. DR.R.PADMANABHA IYER PROFESSOR (RETIRED), DEPARTMENT OF MEAT SCIENCE, COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT 6B, SILK HOUSING COMPLEX, PERINGANDUR P.O. THRISSUR - 680 581.

14. DR.K.P.SURENDRANATHAN PROFESSOR (RETIRED), DEPARTMENT OF PHYSIOLOGY COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT DHARSANA, 22/235, VIDHYA NAGAR AYYANTHOLE, THRISSUR - 680 003.

15. DR.K.CHANDRASEKHARAN PROFESSOR (RETIRED), DEPARTMENT OF PARACETOLOGY COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT XI/553, SARADA VIHAR, VELIYANNUR THRISSUR - 680 004.

16. DR.K.I.MARYAMMA PROFESSOR (RETIRED), DEPARTMENT OF PATHOLOGY COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT PULINATTU HOUSE, AISWARYA, GANDHI NAGAR MANNUTHY - 680 651.

17. DR.PUNNOOSE K.T PROFESSOR (RETIRED), DEPARTMENT OF MICROBIOLOGY COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT KOZHUPPAKALAM, KURUMBANADAM PERUMPANACHY P.O., CHANGANACHERRY - 686 536.

18. DR.M.KRISHNAN NAIR DEAN (RETIRED) COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT SNRA - 3, SOUHRIDA NAGAR, PEROORKADA P.O. TRIVANDRUM - 695 005.

19. DR.ABRAHAM VARKEY C PROFESSOR (RETIRED), DEPARTMENT OF SURGERY COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT KOLLAMPARAMBIL, A-37, INDIRA NAGAR MANNUTHY - 680 651.

20. DR.SOSAMMA IYPE PROFESSOR (RETIRED) DEPARTMENT OF GENETICS & BREEDING COLLEGE OF VETERINARY & ANIMAL SCIENCES MANNUTHY RESIDING AT KOLLAMPARAMBIL, A- 37, INDIRA NAGAR MANNUTHY - 680 651.

21. DR.M.K.RAJAGOPALAN PROFESSOR (RETIRED), DEPARTMENT OF PHARMACOLOGY COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY RESIDING AT KARTHIKA, INDIRA NAGAR MANNUTHY - 680 651.

BY ADVS.SRI.KOSHY GEORGE SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT MINISTRY OF AGRICULTURE, SECRETARIAT THIRUVANANTHAPURAM - 695 024.

2. SECRETARY TO GOVERNMENT MINISTRY OF FINANCE, SECRETARIAT THIRUVANANTHAPURAM - 695 024.

3. THE REGISTRAR KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA TRISSUR - 680 656.

4. THE COMPTROLLER KERALA AGRICULTRUAL UNIVERSITY FINANCE WING (PENSION), VELLANIKKARA TRISSUR - 680 656.

BY GOVERNMENT PLEADER SMT.LOWSY.A BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 1ST PETITIONER.

P2 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 2ND PETITIONER.

P3 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 3RD PETITIONER.

P4 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 4TH PETITIONER.

P5 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 5TH PETITIONER.

P6 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 6TH PETITIONER.

P7 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 7TH PETITIONER.

P8 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 8TH PETITIONER.

P9 -TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 9TH PETITIONER.

P10 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 10TH PETITIONER.

P11 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 11TH PETITIONER.

P12 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 12TH PETITIONER.

P13 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 13TH PETITIONER.

P14 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 14TH PETITIONER.

P15 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 15TH PETITIONER.

P16 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 16TH PETITIONER.

P17 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 17TH

PETITIONER.

P18 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 18TH PETITIONER.

P19 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 19TH PETITIONER.

P20 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 20TH PETITIONER.

P21 - TRUE COPY OF THE STATEMENT OF PENSION & DR ARREARS OF THE 21ST PETITIONER.

P22 - TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DT. 07.1.15 IN WPC NO. 32065/14.

P23 - TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DT. 19.2.15 IN WPC NO. 5199/15.

RESPONDENT(S)' EXHIBITS:NIL ------------------------- //TRUE COPY// P.A.TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.15307 of 2015 ............................................................. Dated this the 28th day of May, 2015 J U D G M E N T The petitioners who have approached this Court aggrieved by the non-release of arrears of pension, seek a direction to the respondents to pay the pensionary benefits that are due and admitted to them within a stipulated time frame. The facts in the writ petition, together with Exts.P1 to P21 statements, would clearly indicate that the amounts that are due to the petitioners, as stated in the said exhibits, have been admitted as due and payable to the petitioners by the respondents. The only difficulty expressed by counsel for the respondents is with regard to the paucity of funds which has prevented the respondents from effecting disbursal of the pensionary payments in a timely manner.

2. I have heard the learned counsel for the petitioner, learned Standing counsel for the Kerala Agricultural University and also the learned Government Pleader.

3. On a consideration of the facts and circumstances of the case, as also the submissions made across the bar, and taking into account the submission of the learned Standing counsel for the

W.P.(C).No.15307 of 2015 respondent University with regard to the financial hardship faced by the University, I dispose the writ petition with a direction to the respondents 3 and 4 to disburse the pension arrears as evidenced by Exts.P1 to P21 to the petitioners in six equal monthly instalments commencing from 15.06.2015.

The writ petition is disposed as above.

A.K.JAYASANKARAN NAMBIAR JUDGE mns

W.P.(C).No.15307 of 2015