Despite University's claim of fund paucity, Court directed the University to disburse pensionary benefits within three months.
University to disburse pensionary benefits within three months.
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
FRIDAY ,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940
WP(C).No. 145 of 2019
PETITIONER:
AJITHA T.C, OFFICE SUPERINTENDENT (RETIRED), COLLEGE OF FISHERIES, PANANGAD, ERNAKULAM, RESIDING AT-KAATUKANDATHIL, NAZRETH ROAD, ALUVA-1.
BY ADVS. SRI.MANOJ RAMASWAMY SMT.SANJANA R.NAIR
RESPONDENTS:
1 KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES, REPRESENTED BY ITS REGISTRAR, PANANGAD, ERNAKULAM-682 506.
2 ADDL. R2. THE GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001 (SUO MOTU IMPLEADED AS PER THE ORDER DATED 16.01.2019)
BY ADV. SRI. T.K. VIBINDAS SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2019, ALONG WITH WP(C).126/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY ,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940
WP(C).No. 126 of 2019
PETITIONER :
K.B.JAYA
DEPUTY REGISTRAR(RETIRED), COLLEGE OF FISHERIES, PANANGAD, ERNAKULAM, RESIDING AT 23/1061, KALAPPURAYIL, PANCHAYATH RAJ ROAD, NEAR GOVERNMENT UP SCHOOL, PALLURUTHY, KOCHI-682006.
BY ADVS. SRI.MANOJ RAMASWAMY SMT.SANJANA R.NAIR
RESPONDENTS :
1 KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES, REPRESENTED BY ITS REGISTRAR, PANANGAD, ERNAKULAM682506.
2 ADDL.R2. GOVERNMENT OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, FIANANCE DEPARTMENT, THIRUVANANTHAPURAM (SUO MOTO IMPLEADED AS PER ORDER DTD. 16.01.19.)
BY ADV. GOVERNMENT PLEADER
T.K.VIPINDAS SC,KUFOS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2019, ALONG WITH WP(C).145/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
[ WP(C) 145/2019 ,WP(C).126/2019 ]
The petitioners in these writ petitions are officers retired
from the Kerala University of Fisheries & Ocean Studies. They approached this Court on account of delay in releasing the pensionary benefits. It is submitted on behalf of the University that on account of paucity of fund they are not in a position to release the pensionary benefits.
instructions would submit that 761.67 lakhs was released to the University. In that view of the matter, the University shall
take steps to disburse the pensionary benefits to the petitioners within a period of three months.
The writ petition is disposed of as above.
SAS/01/02/2019
Sd/-
//TRUE COPY//
A.MUHAMED MUSTAQUE
JUDGE
P.A. TO JUDGE
APPENDIX OF WP(C) 145/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 22.11.2018.
APPENDIX OF WP(C) 126/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER VIDE NO.GAI/3946/2017 (2) DATED 31.7.2017.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 14.9.2018.
1 issue framed by the court
Whether the University should disburse pensionary benefits to retired officers delayed due to alleged paucity of funds.
AJITHA T.C
K.B.JAYA
KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES
GOVERNMENT OF KERALA
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
