High Court of KeralaWP(C)/33629/2014disposed of

Susy Mathew v. State Of Kerala

2015-01-13Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 33629 of 2014 (C) ---------------------------- PETITIONER:

------------------- SUSY MATHEW AGED 61 YEARS W/O.C.I.DAVY, CHEROOKKARAN HOUSE, VILLA NO. 21 SANTHOSH NAGAR, MANNUTHY, THRISSUR - 680 651. BY ADVS.SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH RESPONDENT(S):

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

2. KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, VELLANIKKARA THRISSUR - 686 656.

3. THE COMPTROLLER KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS VELLANIKKARA, THRISSUR - 686 656.

BY SENIOR GOVERNMENT PLEADER SRI. V.VIJULAL BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURAL UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33629 of 2014 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------- EXHIBIT P1: TRUE PHOTOSTAT COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER, DATED 03/05/2014. EXHIBIT P2: TRUE PHOTOSTAT COPY OF THE PENSION REVISION ORDER, DATED 22/04/2014 OF THE 3RD RESPONDENT ISSUED TO THE PETITIONER. EXHIBIT P3: TRUE PHOTOSTAT COPY OF THE STATEMENT OF ARREARS ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER FOR THE PERIOD FROM 01/07/2009 TO 30/04/2014.

EXHIBIT P4: TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT, DATED 04/09/2014. RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // TRUE COPY\\ P.A. TO JUDGE iap

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.33629 of 2014 ***************************************************** Dated this the 13th day of January, 2015

JUDGMENT

The petitioner's pensionary benefits was revised. Thereafter, the petitioner submits that arrears in the pensionary benefits not paid. The petitioner submits that the amount is calculated at Rs.1,73,962/-. The petitioner relies on Ext.P3. Ext.P3 is the statement issued by the University. The petitioner made a request to release the amount as per Ext.P4. However, on account of non-release of the amount, the petitioner has approached this Court.

2. The learned Standing Counsel for the University submits that on account of the financial constraints of the University, the University is unable to pay the arrears. Considering the facts and circumstances, I am of the view that the arrears shall be paid either in lump sum or

W.P.(C) No.33629 of 2014 2 instalment within a period of four months. If the University offers to pay the instalment, the first instalment shall be paid on or before 1.2.2015. If the University chooses to pay the amount in lump sum, the entire amount shall be paid on or before 31.5.2015. If the University fails to pay the amount as indicated above, the above amount will carry 6% interest after 31.5.2015.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln