Allowed

S.Ramachandran Nair v. State of Kerala

Kerala HC6 Dec 2012WP(C)/26740/2012

Case brief

AI extract

What is this about?

Seven retired officers of Kerala Agricultural University filed a writ petition seeking direction to the State and University to disburse sanctioned pensionary benefits. The court directed disbursement by 31.03.2013, with 6% interest per annum for delay, relying on a precedent.

What did the court decide?

Respondents directed to disburse pensionary benefits by 31.03.2013; 6% interest per annum to apply for delay.

S.Ramachandran Nair Vs 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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THURSDAY, THE 6TH DAY OF DECEMBER 2012/15TH AGRAHAYANA 1934

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WP(C).No. 26740 of 2012 (N)

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PETITIONER(S):

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S.RAMACHANDRAN NAIR, AGED 58 YEARS,

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ADMINISTRATIVE OFFICER GR.I(RETD),

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S/O.LATE SRI P.SREEDHARAN NAIR,

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PRANAVAM, SREELAKSHMI NAGAR, MANNUTHY P.O., THRISSUR DT., PIN 680651.

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G.SANTHAKUMARI, AGED 58 YEARS,

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DEPUTY REGISTRAR(RTD), W/O.K.KUTTAPPAN ACHARI,

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KRISHNANJALI, MULLAKKARA, MANNUTHY P.O.,

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THRISSUR DT., PIN 680651.

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V.C.MARIAMMA, AGED 56 YEARS,

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SECTION OFFICER(F.C & D) HR.GR.(RETD), W/O.K.J.LONAN, KOZHUVALLIL HOUSE, GANDHI NAGAR, MANNUTHY P.O., THRISSUR DT., PIN 680651.

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S.GEETHABAI, AGED 56 YEARS, SECTION OFFICER(F.C&D)RTD, W/O. P.N.RAMAKRISHNAN, RAGAM NELLIKKAL, MUNDAKKAL EAST, KOLLAM P.O., KOLLAM DT., PIN 691001.

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M.J.KOCHAPPAN, AGED 56 YEARS, FARM SUPERINTENDENT(RTD), S/O.LATE M.A JACOB, MUTHIPEEDIKA HOUSE, EAST PARAKKAD, VELUTHUR P.O., THRISSUR 680016.

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M.A.SUJATHA, AGED 58 YEARS, SECTION OFFICER(HR.GR) RTD, W/O.V.R VELAYUDHAN, VETTIYATTIL HOUSE, NEAR GOVT.BOYS H.S.,

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CHALAKKUDY P.O., THRISSUR, PIN 680307

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K.M.MARY, AGED 58 YEARS,

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W/O.PAUL, THAZHATHEKUDIYIL, MILLENNIUM STREET,

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MANNUTHY P.O., THRISSUR 680651

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WP(C).No. 26740 of 2012 (N)

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BY ADVS.SRI.SHAJI P.CHALY SRI.R.RAJASEKHARAN NAIR SMT.K.S.SUMITHA SRI.D.BIJU SRI.ABDUL JALEEL.A SMT.K.JASMIN BABY SRI.S.GOPAKUMAR SRI.R.SANJITH SMT.LIJITTA G.MATHEW SMT.C.S.SINDHU KRISHNAH SMT.S.SIMY

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RESPONDENT(S):

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STATE OF KERALA REPRESENTED BY ITS SECRETARY, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM

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KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, VELLANIKKARA, TRICHUR.

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THE SENIOR DEPUTY COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA THRISSUR

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R1 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE R2 & R3 BY ADV. SRI.BABU JOSEPH

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KURUVATHAZHA,SC,KERALA AGRICULTURAL UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DSV/-

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WP(C).No. 26740 of 2012 (N)

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APPENDIX

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PETITIONER(S) EXHIBITS :

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EXT.P1	COPY OF THE 37807/2010.	JUDGMENT DATED 21-06-2011 IN WPC NO
EXT.P2	COPY OF THE 21631/2011.	JUDGMENT DATED 01-09-2011 IN WPC NO
EXT.P3	COPY OF THE CASE NO 175/	ORDER DATED 10-04-2012 IN CONTEMPT 2012.
EXT.P4	COPY OF THE PETITIONER.	REVISED PENSIONARY ORDER OF THE 1ST
EXT.P5	COPY OF THE PETITIONER.	REVISED PENSIONARY ORDER OF THE 2ND
EXT.P6	COPY OF THE PETITIONER.	REVISED PENSIONARY ORDER OF THE 3RD
EXT.P7	COPY OF THE PETITIONER.	REVISED PENSIONARY ORDER OF THE 4TH
EXT.P8	COPY OF THE PETITIONER.	REVISED PENSIONARY ORDER OF THE 5TH
EXT.P9	COPY OF THE PETITIONER.	REVISED PENSIONARY ORDER OF THE 6TH
EXT.P10	COPY OF THE PETITIONER.	REVISED PENSIONARY ORDER OF THE 7TH
RESPONDE	NTS'EXHIBITS	: NIL

// TRUE COPY //

P.A. TO JUDGE

DSV/-

P.R. RAMACHANDRA MENON, J.

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W.P.(C). No. 26740 of 2012

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Dated this the 6^th day of December, 2012

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JUDGMENT

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The petitioners were serving in different capacities in the respondent University and on attaining the age of superannuation they retired from service as early as on 31.3.2010. The pensionary benefits payable to the petitioners came to be sanctioned as per Exts. P4 to P10. But the disbursement is still to be made, which made the petitioners to approach this Court by filing this writ petition.

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The matter came up for consideration before this Court on 14.11.2012, when time was taken by the learned Standing Counsel appearing for the respondent University to ascertain the position as to why the disbursement is being delayed. The matter came up again on 22.11.2012 and 26.11.2012, after which, it stands posted today for getting instructions. The learned Standing Counsel seeks for further time. This Court does not find any reason to grant further adjournment.

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It is brought to the notice of this Court that, in exactly

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W.P.C. No. 26740 of 2012 -2-

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similar circumstance involved in W.P.(C).No. 27097/2012, the University had given an undertaking before this Court that the entire amount would disbursed to the concerned petitioners on or before 31.3.2013, based on which the said writ petition was disposed of directing to effect disbursement on or before the said date, failing which, interest at the rate of 6% was to be satisfied from the date of the order.

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This Court does not find any reason to take a different view in this case. Accordingly, the respondents are directed to compute the figures and effect the disbursement based on Exts. P4 to P10 at the earliest, at any rate on or before 31.3.2013, failing which it shall carry interest at the rate of 6% per annum form the date of the sanction orders.

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Writ petition is allowed. No cost.

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P.R. RAMACHANDRA MENON, JUDGE.

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Kp/-

S.Ramachandran Nair v. State of Kerala

Case brief

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S.Ramachandran Nair v. State of Kerala

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