Allowed

Dr.C.R.Elsy v. the State of Kerala

Kerala HC12 Oct 2012WP(C)/1814/2012

Case brief

AI extract

What is this about?

The Court directed the 2nd and 3rd respondents to release arrears of Rs.325252/- to the petitioner within one month. Directions were issued for the 1st respondent to disburse the State share for the 1996 UGC package and for the 2nd respondent to issue a pay slip for the 2006 UGC scheme period, as concessions were noted in the counter affidavit.

What did the court decide?

Release of Rs.325252/- arrears within one month; disbursement of Rs.4.79 Crores State share for 1996 UGC package; issuance of pay slip for 2006 UGC Scheme period.

Dr.C.R.Elsy Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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FRIDAY, THE 12TH DAY OF OCTOBER 2012/20TH ASWINA 1934

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WP(C).No. 1814 of 2012 (B)

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PETITIONER:

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DR.C.R.ELSY, PROFESSOR, DEPARTMENT OF PLANT BREEDING & GENETICS, COLLEGE OF HORTICULTURE, KERALA AGRICULTURAL UNIVERSITY P.O, TRISSUR, RESIDING AT T.C 13/1078, THIRUPPADY LANE, MANNUTHY P.O, THRISSUR.

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BY ADV. SRI.P.V.JAYACHANDRAN.

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RESPONDENTS:

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1. THE STATE OF KERALA, REPRESENTED BY THE AGRICULTURAL PRODUCTION COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

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2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR- 680 654.

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3. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR- 680 654.

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R1 BY GOVERNMENT PLEADER SMT. LISHA M.G, R2 & R3 BY SRI.BABU JOSEPH KURUVATHAZHA,S,C SRI.K.P.MUJEEB, S.C.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Prv.

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W.P.(C).NO.1814/2012-B:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1. TRUE COPY OF THE PAY SLIP DATED 4.8.09.

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EXHIBIT P2. TRUE COPY OF THE ARREAR BILL DATED 22.3.2010.

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EXHIBIT P3. TRUE COPY OF THE PAY FIXATION ORDER WITH PAY SLIP DATED 15.10.2010.

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EXHIBIT P4. TRUE COPY OF THE ARREAR BILL DATED 8.2.2011.

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RESPONDENTS' EXHIBITS:

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EXT.R2.1: COPY OF THE EXTRACT OF RELEVANT PAGE OF THE AUDIT REGISTER OF SELF DRAWING OFFICERS.

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EXT.R2.2: COPY OF THE PAY SLIP DTD. 22/09/2011 ISSUED TO THE PETITIONER. EXT.R2.3: COPY OF THE BILL DTD. 18/10/2011. EXT.R2.4: COPY OF THE BANK STATEMENT OF S.B ACCOUNT NO.57006549906. EXT.R2.5: COPY OF THE PAY SLIP DTD. 15/11/2010.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

P.R.RAMACHANDRA MENON, J.

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W.P.(C) NO.1814 of 2012 (B)

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Dated this the 12^th day of October, 2012

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers :

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i) Issue a Writ of Mandamus or appropriate Writs directions or orders directing the 3rd respondent to disburse the arrears claimed by the petitioner as per Ext P. 2 and 4 P for a total amount of Rs.325252/- forthwith. ii) Issue a Writ of Mandamus or appropriate Writs directions or orders directing the 3 rd respondent to issue pay slip/pay authorization for the period 1.1.2006 to 28.2.2010 under 2006 UGC Scheme to the petitioner forth with and disburse the arreas thereon.

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iii) Issue a Writ of Mandamus or appropriate Writs directions or orders directing the 1 st respondent to disburse Rs.4.79 Crores as the 20% as the State share in respect of 1996 UGC package to the Kerala Agricultural University. iv) Grant such other relief as deem fit to grant in the facts and circumstances of this case. v) To award the cost to the petitioner of these proceedings.

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The second respondent has filed a counter affidavit

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referring to the eligibility of the petitioner and the extent of relief sought for. The learned counsel for the petitioner submits that,

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W.P.(C) NO.1814 of 2012 (B)

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in respect of the relief sought for vide prayer No.2, it already stands satisfied and that the subsisting grievance is only with regard to non-payment of the amounts as per Ext.P2 and P4 bills, which comes to a total of nearly Rs.3,25,252/-. The learned counsel also seeks to place reliance on paragraph 8 of the counter affidavit filed by the second respondent, which reads as follows :

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“ It is submitted that the details of the bills drawn by the petitioner and pending for payment are as follows :

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Details of arrear claim	Gross Amount	Net Amount	Remarks
1996	2,36,095/-	1,48,829/-	Rectification of
( . 2) Ext P			& anomaly CAP
03/2010	2,26,425/-	1,76,423/-
10/2010			2006 UGC arrear
( . 4) Ext P

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In this context it is further submitted that the petitioner has been paid her arrears of 1996 UGC on her induction into 1996 UGC . An extract of relevant page of the Audit Register of Self Drawing Officers is produced herewtih and marked as Ext R . 2(1). Present arrears of Rs .2,36,095/- ( gross ) and rs .148,829/- ( net ) towards 1996 UGC arrears is due to rectification of anomaly done as per G O . . dated 19.03.2007 and due to her career advancement promotion to the cadre of Professor ” .

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Heard the learned standing counsel for the respondent

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W.P.(C) NO.1814 of 2012 (B)

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University as well.

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The fact that, the petitioner is still to be given the benefits payable as per Ext.P2 and P4 stands conceded in paragraph 8 of the counter affidavit. In the said circumstances, the respondents are directed to take appropriate steps to cause the due amount to be released to the petitioner, at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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sd/- P.R.RAMACHANDRA MENON, JUDGE

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AMV

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W.P.(C) NO.1814 of 2012 (B)

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W.P.(C) NO.1814 of 2012 (B)

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Dr.C.R.Elsy v. the State of Kerala

Case brief

What is this about?

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Dr.C.R.Elsy v. the State of Kerala

Case brief

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