The Court disposed of review petitions challenging an order on retirement benefits. It held that interest cannot be decided without adjudicating the cause for payment delay, leaving the issue open.
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
TUESDAY, THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937
RP.No. 820 of 2015
WP(C) 10727/2014, DATED 21-01-2015
REVIEW PETITIONER(S)/PETITIONER:
A.M.KAREEM, AGED 58 YEARS, S/O.LATE V.C.MOHAMMED, VAZHAVELI, NETTOOR P.O., KOCHI -682 040.
BY ADVS.SRI.R.SANJITH
SMT.C.S.SINDHU KRISHNAH SMT.LEKSHMI RAMAKRISHNAN
RESPONDENT(S)/RESPONDENTS:
1. KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES, PANANGAD, KOCHI-682 506, REPRESENTED BY ITS REGISTRAR.
2. THE VICE CHANCELLOR, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES, PANANGAD, KOCHI-682 506.
3. THE PRINCIPAL SECRETARY (FISHERIES), GOVERNMENT OF KERALA, SECRETARIAT NORTH ANNEXE, THIRUVANANTHAPURAM, PIN: 695 001.
4. THE KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR, KERALA -680 656, REPRESENTED BY ITS REGISTRAR.
R1 & 2 BY ADV. SRI.MILLU DANDAPANI, SC R3 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R4 BY SRI.BABU JOSEPH KURUVATHAZHA,SC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 12-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
A. MUHAMED MUSTAQUE, J.
----------------------------------------------------R.P.Nos. 820 & 821 of 2015
----------------------------------------------------Dated this the 12th day of January, 2016
O R D E R
The petitioners filed this review for the reason that in
the judgment, this Court did not mention about the interest payable to the petitioners.
petition is in the context of the dispute as to the payment of retirement benefits. The dispute emanates, based on difference of opinion, between the Kerala University of Fisheries and Ocean Studies (KUFOS) and the Kerala Agricultural University as to the liability to the payment of pensionary benefits. The petitioners were originally appointed in the Kerala Agricultural University and
-2-
R.P.Nos. 820 & 821 of 2015
thereafter, joined in the KUFOS based on the option exercised by the petitioners on constitution of KUFOS. Based on the directions of this Court, the Government constituted a committee and thrashed out the issue and the
petitioners were paid the pensionary benefits.
the interest on account of belated payment.
This Court is of the view that the payment of interest
cannot be decided without adjudicating the actual cause for the delay. Since, that aspect has not been considered in the judgment, that issue is left open and the petitioners are free to approach this Court or any other forum for claiming interest.
These review petitions are disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE JUDGE
bpr
2 issues framed by the court
Whether interest can be awarded on belated pension payment without adjudicating the actual cause for the delay.
Whether the issue of interest on belated payment remains open for future consideration.
A.M. KAREEM
C.S. SINDHU KRISHNAH
KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES
THE VICE CHANCELLOR, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES
THE PRINCIPAL SECRETARY (FISHERIES), GOVERNMENT OF KERALA
THE KERALA AGRICULTURAL UNIVERSITY
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
