The petitioner, a retired Farm Superintendent, filed a writ petition for unpaid retirement benefits. The Court allowed the Respondent-University six months to pay the benefits in lumpsum or installments, with a 6% interest penalty for delay.
University allowed time till 31.07.2015 to pay pensionary benefits in lumpsum or installments; 6% interest if delayed.
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
THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936
WP(C).No. 2221 of 2015 (C)
PETITIONER(S):
FATHIMA BEEVI S AGED 56 YEARS W/O.MUHAMMED KUNJU C.K OFFICE OF SUPERINTENDENT(HIGHER GRADE)(RETIRED) AGRICULTURAL UNIVERSITY, HEADQUARTERS, VELLANIKKARA RESIDING AT PLOT NO.7, 'NILAVU', PRIYADARSINI NAGAR PARAVATTANI, EAST FORT.P.O., THRISSUR-680 005.
BY ADV. SRI.SHAJI P.CHALY
RESPONDENT(S): -------------
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY AGRICULTURAL DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.
2. KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, VELLANIKKARA THRISSUR-680 656.
3. THE COMPTROLLER KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA THRISSUR-680 656.
R BY GOVERNMENT PLEADER: SRI V VIJULAL SR. R BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2221 of 2015 (C)
2
APPENDIX
PETITIONER(S)' EXHIBITS :
EXT P1- TRUE COPY OF THE ORDERS SANCTIONING PENSION AND COMMUTATION OF PENSION DATED 21.06.2014.
EXT P2- TRUE COPY OF THE FAMILY PENSION AND DEATH CUM RETIREMENT GRATUITY DATED 21.06.2014.
EXT P3- TRUE COPY OF THE ORDER DATED 10.06.2014 SANCTIONING TERMINAL SURRENDER OF EARNED LEAVE OF THE ORDERS SANCTIONING PENSION AND COMMUTATION OF PENSION DATED 17.07.2014.
EXT P4- TRUE COPY OF THE DISABILITY CERTIFICATE.
EXT P5- TRUE COPY OF THE JUDGMENT IN W.P[C]NO.13277/2014 DATED 04.07.2014.
RESPONDENT(S)' EXHIBITS:NIL
True Copy/
P A to Judge
A.MUHAMED MUSTAQUE, J.
=========================
W.P(C).No.2221 of 2015
============================ Dated this the 22nd day of January, 2015
JUDGMENT
Petitioner is retired as Farm Superintendent from the Onattukara Regional Agriculture Research Station, Kayamkulam under the Agricultural University. Petitioner submits that University failed to pay her retiral benefits. Accordingly, petitioner has approached this Court.
The Writ Petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/22/01/15
1 issue framed by the court
Whether the University should be granted time to disburse pensionary benefits due to financial constraints.
FATHIMA BEEVI S
STATE OF KERALA
KERALA AGRICULTURAL UNIVERSITY
THE COMPTROLLER KERALA AGRICULTURAL UNIVERSITY
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
