Allowed

Kerala Agricultural University v. Valsamma George

Kerala HC14 Jan 2016RP/1135/2015

Case brief

AI extract

What is this about?

The Kerala High Court allowed a review of a discharge order in a service dispute regarding pensionary benefits. The court restored the original writ petition to consider the University's objection that the petitioner's post was not statutory, an issue not addressed in the initial disposal.

What did the court decide?

The review petition is allowed; the writ petition is restored for hearing to consider the statutory nature of the post.

Kerala Agricultural University Vs Valsamma… — Pension and Retirement Benefits | Kerala HC (2016)

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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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THURSDAY, THE 14TH DAY OF JANUARY 2016/24TH POUSHA, 1937

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RP.No. 1135 of 2015 (L) IN WP(C).8117/2015

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AGAINST THE JUDGMENT IN WP(C) 8117/2015 of HIGH COURT OF KERALA DATED 17.03.2015

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REVIEW PETITIONERS/RESPONDENTS:

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

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THE ASSOCIATE DEAN HORTICULTURE COLLEGE, VELLANIKKARA, THRISSUR-680656.

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BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRI.UNIVERSITY

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RESPONDENT/PETITIONER:

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VALSAMMA GEORGE

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FARM MANAGER GRADE I (RETGD.), MY BLOSSOM MANNUTHY P.O., THRISSUR, PIN:680651.

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R. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM (SR.)

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R. BY ADV. SRI.THOMAS GEORGE

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.No. 1135 of 2015 (L) IN WP(C).8117/2015

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APPENDIX

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PETITIONER'S ANNEXURES :

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ANNEXURE A1 : COPY OF THE JUDGMENT DATED 21.5.2014 IN WP(C).NO.9276/2013 OF THIS HON'BLE COURT

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ANNEXURE A2 : COPY OF THE JUDGMENT DATED 21.8.2014 IN WP(C)NO.14045/2012 OF THIS HON'BLE COURT

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ANNEXURE A3 : COPY OF THE OBJECTION DATED 20.7.2015 RAISED BY THE LOCAL FUND AUDIT WING OF THE GOVERNMENT OF KERALA.

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RESPONDENT'S ANNEXURES : NIL

/TRUE COPY/

P.A TO JUDGE

A.MUHAMED MUSTAQUE, J.

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R.P.No.1135 of 2015

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in W.P.(C).No.8117 of 2015

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Dated this the 14^th day of January, 2016

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O R D E R

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This review petition has arisen from the judgment of this Court in W.P.(C).No.8117 of 2015 dated 17.03.2015. The writ petitioner was retired as the Farm Manager Gr.I on 30.11.2013. She approached this Court for disposal of arrears of pay and all other consequential benefits. Based on the submission of the learned Standing Counsel for the Agricultural University, this Court directed the University to release the pensionary benefits due to the petitioner within a time frame. A contempt case has also been filed on account of non compliance.

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The University has now come with a review stating that, the post held by the petitioner as Farm Manager Gr.II is not a statutory post and therefore the writ petitioner cannot be given the benefit of post held as Farm Manager Gr.I.

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Considering the facts and circumstances, this Court is of the view that, certainly this issue ought to have been addressed at the original side and the matter requires consideration. It is only based on such consideration, the question can be answered whether the writ petitioner is entitled for the amount or not.

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In such circumstances, since this Court had no occasion to

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R.P.No.1135 of 2015 in W.P.(C).No.8117 of 2015 2

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consider the objection on the side of the University as the writ petition was disposed at the admission stage, the review petition is allowed.

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Accordingly, the review petition is allowed. Hence, the judgment is reviewed and the writ petition is restored. Post the writ petition before the Court as per roster for hearing.

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Sd/- A.MUHAMED MUSTAQUE, JUDGE.

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Kerala Agricultural University v. Valsamma George

Case brief

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Kerala Agricultural University v. Valsamma George

Case brief

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