Petitioners retired Permanent Labourers of Kerala Agricultural University approached the High Court seeking pensionary benefits. The court granted the University time to disburse pending amounts, imposing 6% interest for future delays.
Allowed; University granted six months to pay pensionary benefits with 6% interest applicable for delay.
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 A.MUHAMED MUSTAQUE
MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936
WP(C).No. 1762 of 2015 (U)
PETITIONER(S) :
1. SOMAN PALAPPUR, AGED 60 YEARS, PERMANENT LABOURER (RETIRED), BS NO.2648, INSTRUCTIONAL FARM, VELLAYANI, RESIDING AT AJITH BHAVAN, ERATTAVILAKOM, PALAPPOORU P.O., VELLAYANI, THIRUVANANTHAPURAM- 695 522.
2. NAGAPPAN.N, PERMANENT LABOURER (RETIRED), BS NO.2566, INSTRUCTIONAL FARM, VELLAYANI, RESIDING AT MUKALIVILA 'GEETHAMANDIRAM', PERAKAM, PUNCHAKKARI, THIRUVANANTHAPURAM- 27.
BY ADVS.SRI.MURALI PURUSHOTHAMAN
SRI.DEEPU LAL MOHAN SMT.S.LEENA SRI.K.S.PRENJITH KUMAR
RESPONDENT(S) :
1. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR- 680 656, REPRESENTED BY ITS REGISTRAR.
2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR- 680 656.
3. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR- 680 656.
4. THE PROFESSOR AND HEAD, INSTRUCTIONAL FARM, VELLAYANI, THIRUVANANTHAPURAM.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA, S.C
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 1762 of 2015 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXHIBIT P2: THE PHOTOCOPY OF THE ORDER NO.W.P/A3/15105/2010 DATED 19.07.2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3: THE PHOTOCOPY OF THE PENSION PAYMENT ORDER OF THE 2ND PETITIONER ISSUED BY THE 3RD RESPONDENT DATED 04.03.2012.
EXHIBIT P4: THE PHOTOCOPY OF THE ORDER NO.W.P/A3/4008/2010 DATED 13.03.2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5: THE PHOTOCOPY OF THE JUDGMENT IN W.P.(C).NO.31927 OF 2014 DATED 28.11.2014 OF THIS HON'BLE COURT.
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.MUHAMED MUSTAQUE, J.
*****************************************************
W.P.(C) No.1762 of 2015
*****************************************************
Dated this the 19th day of January, 2015
JUDGMENT
Petitioners retired from service as Permanent Labourers
in the Instructional Farm of the Kerala Agricultural University
at Vellayani on attaining the age of superannuation. The petitioner submits that they have not received pensionary benefits other than monthly pension. On account of delay in other pensionary benefits, the petitioner has approached this Court.
six months time to pay the pensionary benefits to the petitioner.
Considering the facts and circumstances, the University is given time up to 30.6.2015 to disburse the pensionary
W.P.(C) No.1762 of 2015 2
benefits to the petitioner. It is open for the University to pay the above amounts to the petitioner either in instalment or in
lump sum within the above period. However, it is made clear that if the University fails to disburse the pensionary benefits on or before 30.6.2015, the above amount will carry 6%
interest from 1.6.2015 onwards.
The writ petition is disposed of as above.
Sd/- A.MUHAMED MUSTAQUE, JUDGE
ln
1 issue framed by the court
Whether the petitioners' claim for delay in payment of pensionary benefits is maintainable.
SOMAN PALAPPUR
NAGAPPAN.N
KERALA AGRICULTURAL UNIVERSITY
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
