Disposed

C.v.Dinesan v. State of Kerala

Kerala HC3 Dec 2012WP(C)/27097/2012

Case brief

AI extract

What is this about?

Petitioner retired employees sought writ relief for non-disbursement of retirement benefits by Kerala Agricultural University. The court directed payment by March 31, 2013, with 6% annual interest thereafter, noting the university's financial stringency as the delay cause.

What did the court decide?

Direct respondents to disburse retired pension benefits by 31.03.2013; impose 6% annual interest from that date if not paid.

C.v.Dinesan 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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MONDAY, THE 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934

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WP(C).No. 27097 of 2012 (J)

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PETITIONER(S):

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1. C.V.DINESAN, AGED 57 YEARS AGED 57 YEARS, OFFICE SUPERINTENDENT (RTD.) S/O.LATE VELAYUDHAN, CHIRAPARAMBIL, NARAKKAL P.O. ERNAKULAM-682505.

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2. P.A.GEORGE

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AGED 57 YEARS, ADMINISTRATIVE ASSISTANT (RTD.)

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S/O.LATE P.V.AUGUSTINE, PALLATHUSSERY HOUSE

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EDAVANAKKAD P.O., ERNAKULAM-682502.

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3. M.JESEENTHA

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AGED 57 YEARS, DEPUTY REGISTRAR (RTD.)

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W/O.P.M.BALAKRISHNAN, (PUTHENPURADEEP HOUSE)

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H.NO.TC/12/1430, PIPELINE ROAD, THOTTAPPADY

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MANNUTHY P.O., THRISSUR-680651.

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4. M.K.MUKAMI AGED 57 YEARS, CLASS IX RTD., W/O.P.G.RAMAKRISHNAN PARAYIL HOSUE, MADAKKATHARA P.O., THRISSUR.

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5. I.R.VILASINI

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AGED 57 YEARS, DUPLICATING MACHINE OPERATOR(RTD.)

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W/O.K.K.THANKAPPAN, KARAMAL HOUSE, CHIRAKKAKODE

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VELLANIKKARA P.O., THRISSUR-680654.

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6. A.N.MALATHY

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AGED 57 YEARS, SECTION OFFICE (HC & D) RTD.

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W/O.MOHANAN K.K., KUZHIPARAMBIL HOUSE, CHINA BAZAR

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VALAPPAYA P.O., THRISSUR-680596.

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7. VINCENT T.A.

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AGED 57 YEARS, OFFICE SUPERINTENDNET (RTD.)

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THANIKKAL CHAMMANTH HOUSE, CHURCH ROAD

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KANJANY P.O., THRISSUR-680612.

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BY ADVS.SRI.SHAJI P.CHALY

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SRI.ABDUL JALEEL.A SRI.R.SANJITH SMT.C.S.SINDHU KRISHNAH

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTEDBY ITS SECRETARY AGRICULTURAL DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

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2. KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, VELLANIKKARA TRICHUR-680654.

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3. THE SENIOR DEPUTY COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA THRISSUR-680654.

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BY SR. GOVERNMENT PLEADER SRI.VIJU THOMAS. BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURAL UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 27097 of 2012 (J)

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1	TRUE COPY OF THE	PENSIONARY ORDERS OF IST PETITIONER.
EXT.P2	TRUE COPY OF THE	PAY REVISION ORDER OF IST PETITIONER.
EXT.P3	TRUE COPY OF THE PETITIONER.	REPRESENTATION SUBMITTED BY THE IST
EXT.P4	TRUE COPY OF THE	PENSIONARY ORDERS OF THE 4TH PETITIONER.
EXT.P5	TRUE COPY OF THE PETITIONER.	REPRESENTATION SUBMITTED BY THE 4TH
EXT.P6	TRUE COPY OF THE PETITIONER.	REVISED PENSIONARY BENEFITS ORDER OF 2ND
EXT.P7	TRUE COPY OF THE PETITIONER.	REVISED PENSIONARY BENEFITS ORDER OF 3RD
EXT.P8	TRUE COPY OF THE PETITIONER.	REVISED PENSIONARY BENEFITS ORDER OF 5TH
EXT.P9	TRUE COPY OF THE PETITIONER.	REVISED PENSIONARY BENEFITS ORDER OF 6TH
EXT.P10	TRUE COPY OF THE PETITIONER.	REVISED PENSIONARY BENEFITS ORDER OF 7HE
EXT.P11	TRUE COPY OF THE WPC.15621/2012.	JUDGEMENT DATED 24/7/2012 IN

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A TO JUDGE.

stu

P.R.RAMACHANDRA MENON, J.

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W.P.(c) No. 27097 OF 2012

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Dated this the 3^rd day of December , 2012

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JUDGMENT

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The petitioners in the writ petition are retired employees of the Kerala Agricultural University. Their grievance is that the retirement benefits due to the petitioners have not yet been disbursed .

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Heard the learned Standing Counsel for the University as well, who submits that the University does not dispute the eligibility of the petitioners. The only contention raised is that the University could not effect the payment because of financial stringency and seeks for some breathing time to pay off the retirement benefits.

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After hearing both the sides, the writ petition is disposed of with a direction to the respondents to see that the retirement benefits due to the petitioners are disbursed to them, as expeditiously as possible, at any rate on or before 31.03.2013. If the amounts are not so paid within the time stipulated above, the amounts due to the petitioners would carry interest at the rate of 6% per annum.

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P.R.RAMACHANDRA MENON JUDGE

W.P.(C)No.27097/2012

sv.

W.P.(C)No.27097/2012 2

C.v.Dinesan v. State of Kerala

Case brief

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C.v.Dinesan v. State of Kerala

Case brief

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