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High Court of KeralaWP(C)/16039/2014disposed of

G.Venu v. Kerala Agricultural University

2015-01-19Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WP(C).No. 16039 of 2014 (D) ---------------------------- PETITIONER(S):

------------- G.VENU, AGED 57 YEARS S/O.GOPALA PILLAI, SENIOR FARM SUPERVISOR COLLEGE OF AGRICULTURE, VELLAYANI, RESIDING AT GOKULAM VENGANOOR P.O., TRIVANDRUM.

BY ADVS.SRI.R.S.KALKURA SMT.R.BINDU SRI.M.S.KALESH SMT.A.V.PRIYA SRI.HARISH GOPINATH SRI.JOHNSON JOSE PANJIKKARAN RESPONDENT(S):

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

1. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA THRISSUR 689 219.

2. THE DEPUTY COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY VELLANIKKARA THRISSUR -689 219.

3. THE DEPUTY COMPTROLLER KERALA AGRICULTURAL UNIVERSITY VELLANIKKARA, THRISSUR 689 219 R BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16039 of 2014 (D) APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ EXT.P1: TRUE COPY OF THE ORDER NO.PEN.B2/21246/13 DATED 18/1/2013 ISSUED BY THE THIRD RESPONDENT.

EXT.P2: TRUE COPY OF ORDER BEARING NO.PEN.B2/13755/2013 ISSUED BY THE THIRD RESPONDENT.

EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 5/5/2014 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2 EXT.P4: TRUE COPY OF THE REPLY DATED 6/6/2014 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS:NIL ----------------------- True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.16039 of 2014 ============================ Dated this the 19th day of January, 2015

JUDGMENT

Petitioner was retired from the service on superannuation from the College of Agriculture, Vellayani as Senior Farm Supervisor. Petitioner was sanctioned monthly pension. Petitioner submits that he retired from service on 30.11.2013 but he was not paid Death Cum Retirement Gratuity and other benefits. Petitioner submits that he is entitled to a total amount of `23,18,110/- as terminal benefits. Petitioner approached this Court on account of non disbursal of pensionary benefits.

2.

Learned Standing Counsel for the University submits that it is on account of financial constraints, they are unable to pay the pensionary benefits.

3.

Considering the facts and circumstances, University is allowed time till 30.06.2015 to pay the pensionary benefits. It is open for the respondent/University to pay the pensionary benefits either in lumpsum or in installment. However, it is made clear that entire payment has to be effected on or before 30.06.2015. If the University fails to pay the amount within the above period, the

W.P(C).No.16039 of 2014 amount will carry interest @6% per annum from 01.07.2015 onwards.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/20/01/15