Allowed

Radhamany K v. State of Kerala

Kerala HC20 Jan 2015WP(C)/102/2015

Case brief

AI extract

What is this about?

In this writ petition challenging the non-disbursal of pensionary benefits, the High Court, on financial grounds initially raised but ultimately ordering payment, directed the University to release accrued benefits by June 30, 2015, with a penalty interest provision for default.

What did the court decide?

Directed the respondent University to release the entire pensionary benefits due to the petitioner on or before June 30, 2015, with 6% interest for default.

Radhamany K Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2015)

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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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936

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WP(C).No. 102 of 2015 (K)

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PETITIONER(S):

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RADHAMANY K, AGED 56 YEARS, D/O LATE KUTTAN, SECTION OFFICER (FC & D) (RETIRED) NALLAMATTATHIL HOUSE, VAZHOOR P.O., KOTTAYAM.

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BY ADVS.SRI.SHAJI P.CHALY SRI.R.SANJITH

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, VELLANIKKARA, THRISSUR-680656.

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KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, MANNUTHY, THRISSUR-680651.

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THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR-680656.

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R BY GOVERNMENT PLEADER SRI.VIJULAL R BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 102 of 2015 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE ORDERS SANCTIONING DEATH CUM RETIREMENT GRATUITY (DCRG). EXHIBIT P2: TRUE COPY OF THE COMMUNICATION OF PENSION. EXHIBIT P3: TRUE COPY AND TERMINAL SURRENDER OF EARNED LEAVE. EXHIBIT P4: TRUE COPY OF THE JUDGMENT DATED 4.11.2014 IBN WPC NO.27969/2014.

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RESPONDENT(S)' EXHIBITS ------------------------: NIL

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/TRUE COPY/ P.S. TO JUDGE.

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A.MUHAMED MUSTAQUE, J.

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W.P.(C) No. 102 OF 2015

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Dated this the 20^th day of January, 2015

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JUDGMENT

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The petitioner retired as Section Officer from the Regional Agricultural Research Station under the Kerala Agricultural University. The petitioner approached this Court on account of non-disbursal of the pensionary benefits.

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The learned Standing Counsel for the University

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submits that it is on account of financial constraints, the respondent University is unable to disburse the pensionary benefits due to the petitioner. The Standing Counsel requests for some more time to disburse the entire benefits to the petitioner.

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Having considered the facts and circumstances of the case, there will be a direction to the respondent-University to release the entire pensionery benefits due to the petitioner on or before 30/6/2015 . It is open for the respondent-University to pay either in installment or lump sum. If the University

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W.P.(c).No.102 of 2015

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: 2 :

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fails to pay the amount within the time stated above, the amount will carry interest at the rate of 6% with effect from 1/7/2015 onwards.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, Judge.

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dpk

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/true copy/ P.S. To Judge.

Radhamany K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Radhamany K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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