Retired librarians petitioned against pension recovery. The Court directed the University to re-fix pension within two months based on Government clarifications and upheld an interim stay on recovery.
A direction to respondents 1-3 to re-fix pension expeditiously within two months and to continue the interim stay on recovery.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
THURSDAY, THE 24TH DAY OF OCTOBER 2013/2ND KARTHIKA, 1935
WP(C).No. 22986 of 2012 (W)
PETITIONER(S):
1. K.C. RADHAKRISHNAN, (RETIRED ASSISTANT LIBRARIAN (SELECTION GRADE), COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-22), ''SREEVIHAR'', VIDYA NAGAR ROAD, COCHIN UNIVERSITY P.O., KOCHI-682 022.
2. C.K. PAULOSE, (RETIRED ASSISTANT LIBRARIAN, (SENIOR SCALE), COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-22), CHELAPARAMBATH, SUNDAR NAGAR, MAROTTICHODU, EDAPPALLY, PIN-682 024.
BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.K.A.BALAN, SRI.PETER JOSE CHRISTO, SRI.S.A.ANAND, SMT.L.AMMU PILLAI.
RESPONDENT(S):
1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS REGISTRAR, KOCHI, PIN-682 022.
2. REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI, PIN-682 022.
3. FINANCE OFFICER, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI, PIN-682 022.
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
R1 TO R3 BY ADV. SRI.MILLU DANDAPANI, SC, COCHIN UNIVERSITY. R4 BY GOVT. PLEADER MR.T.R. RAJESH.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-10-2013, ALONG WITH WP(C).NO. 24906 OF 2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 22986 of 2012 (W)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:-
EXT.R1A COPY OF THE G.O.(P) NO.81/2007/FIN. DATED 28/02/2007 REVISING PENSION OF THE 1ST PETITIONER.
2/-.........
WP(C).No. 22986 of 2012 (W)
| EXT.R1B | COPY OF THE STATEMENT OF FIXATION DATED 24/01/2012 IN RESPECT OF THE 1ST PETITIONER. |
|---|---|
| EXT.R1C | COPY OF THE FIXATION OF PENSION DATED 28/03/2012 IN RESPECT OF THE 2ND PETITIONER. |
| EXT.R1D | COPY OF THE STATEMENT SHOWING THE DIFFERENCE DUE TO DISPUTE IN FINAL REVISED TOTAL PENSION IN RESPECT OF SRI.K.C. RADHAKRISHNAN, THE 1ST PETITIONER. |
| EXT.R1E | COPY OF THE STATEMENT SHOWING THE DIFFERENCE DUE TO DISPUTE IN FINAL REVISED TOTAL PENSION IN RESPECT OF SRI.C.K. PAULOSE, THE 2ND PETITIONER. |
//TRUE COPY//
P.A. TO JUDGE
rs.
C.T.RAVIKUMAR, J
W.P.(C) Nos. 22986 &24906 of 2012
Dated this the 24th day of October, 2013
JUDGMENT
The petitioners in these writ petitions are
retirees from the service of the Cochin University of Science and Technology(CUSAT). In view of the commonness of the grievances as also the contentions these matters were taken up for joint consideration and disposal. In view of the submissions made by the learned counsel on both sides and in the light of Ext.P13, referred as such in W.P.(C) No.22986/12, I think it absolutely unnecessary to delve into the facts and contentions, in detail. Essentially, it is the interpretation given by the University to Exts.P2 and P3 and the consequential decision to effect recovery from the petitioners that constrained the petitioners to approach this Court by filing the captioned writ petitions. Evidently, after taking such decisions the University sought for clarifications on Exts.P2 and P3 from the Government, as per Ext.P12. Subsequently, the Government clarified the position as per Ext.P13. When these matters are taken up for consideration the learned counsel appearing for the petitioners in both these
W.P.(C) Nos. 22986 &24906 of 2012 2
writ petitions and as also the learned standing counsel appearing for the first respondent University submitted that these writ petitions can be disposed of with appropriate directions to the University to consider the question of re-fixation of the pension of the petitioners in term of Ext.P13. In view of the said submissions these writ petitions are disposed of as hereunder:The respondents 1 to 3 shall take appropriate steps to re-fix the pension of the petitioners in tune with the clarifications made by the Government in Ext.P13 expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. It is further ordered that till a decision is taken, the interim order passed by this Court staying the recovery from the petitioners will continue to remain in force.
C.T.RAVIKUMAR,JUDGE.
dlk
2 issues framed by the court
Whether the University is directed to re-fix pension in accordance with Government clarifications.
Whether the interim stay on recovery from petitioners should continue until disposition.
K.C. Radhakrishnan
C.K. Paulose
Cochin University of Science and Technology
Registrar, Cochin University of Science and Technology
Finance Officer, Cochin University of Science and Technology
State of Kerala
C.T. Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
