Allowed

Mathew K.K. v. Kerala Veterinary and Animal Sciences University

Kerala HC4 Nov 2022WP(C)/5259/2021

Case brief

AI extract

What is this about?

The High Court allowed three connected writ petitions against Kerala Veterinary and Animal Sciences University. The Court directed respondents to fix pay and pension based on the petitioners' promotions with effect from the respective dates and to grant all consequential benefits including arrears within three months.

What did the court decide?

Respondents directed to refix pay and pension from date of effect of promotions and grant consequential benefits including arrears within three months.

Mathew K.K. Vs Kerala Veterinary and Animal… — Pension and Retirement Benefits | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

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WP(C) NO. 22313 OF 2019

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PETITIONER/S:

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1 E.SAMKUTTY, AGED 57 YEARS

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S/O.CHERUNHI, ELATH HOUSE, KUZHINOHODI, CHERUVATHUR
P.O., KASARAGOD - 671 313.

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2 C.G.VARGHESE, AGED 56 YEARS S/O.GEORGE, CHULLICKAL HOUSE, CHAVARAMPADAM, VALAKKAVU, MULAYAM P.O., THRISSUR - 680 751.

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BY ADVS.

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R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH

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RESPONDENT/S:

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1 KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, REPRESENTED BY ITS REGISTRAR, POOKODE, LAKKIDI P.O., WAYANAD - 673 573.

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2 FINANCE OFFICER, KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,

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POOKODE, LAKKIDI P.O., WAYANAD - 673 573.

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3 PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE (PRC-C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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4 JOINT DIRECTOR, LOCAL FUND AUDIT, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, LAKKIDI P.O., WAYANAD - 673 573.

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5 DIRECTOR, OFFICE OF THE DIRECTOR OF LOCAL FUND AUDIT, VTH FLOOR, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.

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BY ADVS.

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SMT.AYSHA YOUSEFF, SC, KERALA VETERINARY AND ANIMAL

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[WP(C) Nos.22313/2019, 5259/2021, 12763/2021]

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SCIENCES UNIVERSITY
MANU GOVIND
GOVERNMENT PLEADER

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SMT RESMI THOMAS-GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.11.2022, ALONG WITH WP(C).5259/2021, 12763/2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

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[WP(C) Nos.22313/2019, 5259/2021, 12763/2021]

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶29

PRESENT

¶30

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶31

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
WP(C) NO. 5259 OF 2021

¶32

PETITIONER/S:

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1MATHEW K.K.
AGED 56 YEARS
S/O. KUNJIPALU, KANNAMPUZHA HOUSE, NEAR SNEHAPALAM,
MANNUTHY P.O, THRISSUR-680 651

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2 SATHIKUMAR P,

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AGED 56 YEARS

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S/O. PADMANABHA PILLAI, SAYOOJAM, MULLATTU, INDIRA NAGAR, 1ST STREET, MANNUTHY P.O, THRISSUR-680 651

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BY ADVS.
R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH

¶38

RESPONDENT/S:

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1 KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, REPRESENTED BY ITS REGISTRAR, POOKODE, LAKKIDI P.O, WAYANAD-673 573

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2 FINANCE OFFICER, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, LAKKIDI P.O, WAYANAD-673 573

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3 PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE (PRC-C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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4 JOINT DIRECTOR,

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[WP(C) Nos.22313/2019, 5259/2021, 12763/2021]

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4

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LOCAL FUND AUDIT, KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY, POOKODE, LAKKIDI P.O, WAYANAD-673 573

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5 DIRECTOR,

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OFFICE OF THE DIRECTOR OF LOCAL FUND AUDIT, VTH FLOOR,
VIKAS BHAVAN P.O,THIRUVANANTHAPURAM-695 033

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BY ADVS.

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SMT.AYSHA YOUSEFF, SC, KERALA VETERINARY AND ANIMAL
SCIENCES UNIVERSITY
MANU GOVIND, SC, KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY
SMT.RESMI THOMAS, GP

¶50

THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 04.11.2022,
ALONG WITH WP(C).22313/2019 AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

¶51

¶52

[WP(C) Nos.22313/2019, 5259/2021, 12763/2021]

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶54

PRESENT

¶55

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶56

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶57

WP(C) NO. 12763 OF 2021

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PETITIONER/S:

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PRASANNAKUMARI K.

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AGED 56 YEARS

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D/O. KUTTAPPAN NAIR, PRASADAM, EDAVAKKODE, SREEKARYAM,
THIRUVANANTHAPURAM, PIN - 695017, RETIRED SENIOR FARM
SUPERVISOR, KERALA VETERINARY & ANIMAL SCIENCES
UNIVERSITY, POOKODE, LAKKIDI P.O, WAYANAD - 673573.

¶62

BY ADVS.
R.T.PRADEEP
M.BINDUDAS
K.C.HARISH

¶63

RESPONDENT/S:

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1 KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY REPRESENTED BY ITS REGISTRAR, POOKODE, LAKKIDI P.O, WAYANAD - 673573.

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2 FINANCE OFFICER

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KERALA VETERINARY & ANIMAL SCIENCES UNIVERSITY,
POOKODE, LAKKIDI P.O, WAYANAD - 673573.

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3 PRINCIPAL SECRETARY TO GOVERNMENT FINANCE (PRC-C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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4 JOINT DIRECTOR

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LOCAL FUND AUDIT, KERALA VETERINARY & ANIMAL SCIENCES
UNIVERSITY, POOKODE, LAKKIDI P.O, WAYANAD - 673573.

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[WP(C) Nos.22313/2019, 5259/2021, 12763/2021]

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5DIRECTOR

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OFFICE OF THE DIRECTOR OF LOCAL FUND AUDIT, VTH FLOOR,
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM - 695033.

¶74

BY ADVS.
SMT.AYSHA YOUSEFF, SC, KERALA VETERINARY AND ANIMAL
SCIENCES UNIVERSITY
ADVOCATE GENERAL OFFICE KERALA
MANU GOVIND, SC, KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY
SMT.RESMI THOMAS, GP

¶75

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.11.2022, ALONG WITH WP(C).22313/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶76

[WP(C) Nos.22313/2019, 5259/2021, 12763/2021] 7

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JUDGMENT

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When this matter was called today, the
learned counsel on both sides were ad idem
that the issues – both factual and legal –
involved in these cases are covered by two
judgments of this Court delivered by another
learned Judge, namely, in WP(C) Nos.27519/2018
and 40592/2016.

¶79

2.In the afore circumstances, these writ
petitions are allowed in terms of the
aforementioned judgments; and the respondents
are directed to refix the pay and pension of
the petitioners from the date of effect of
their promotions, and consequently the
pensionary benefits and to grant them all
consequential benefits, including arrears of
pay, pension and other retirement benefits,

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[WP(C) Nos.22313/2019, 5259/2021, 12763/2021]
8

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within a period of three months from the date

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of receipt of a copy of this judgment.

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3.I, however, make it clear that in cases

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where pay/pension have already been fixed,
based on the promotion from the respective
dates, respondents will act upon the same; but
in cases where part payment is made,
respondents shall disburse the balance
amount/withheld amount within a period of
three months from the date of receipt of a
copy of this judgment.

¶85

4.It is further clarified that while
completing the afore exercise, not only the
judgments of this Court afore mentioned, but
that in W.P.(C)No.23102/2012 and connected
matters, as also in Writ Appeal No.1462/2015,
will be specifically kept in mind by the
competent Authority.

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[WP(C) Nos.22313/2019, 5259/2021, 12763/2021]
9

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5.After I dictated this part of the
judgment, Smt.Reshmi Thomas – learned
Government Pleader, submitted that, going by
the applicable Statutes, some of the
promotions offered to the petitioners are not
in order. She, however, conceded, to a
pointed question from this Court, that they
have not been reviewed by any competent
Authority until now.

¶88

6.However in reply, Sri.R.T.Pradeep –
learned counsel for the petitioner, pointed
out that this issue has been covered against
the Government by a judgment of this Court in
W.P.(C)No.20155/2021.

¶89

Obviously, when promotions have not been,
admittedly, recalled or reviewed in terms of
law until now, the afore submission cannot
cause any prejudice to the petitioner, though

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[WP(C) Nos.22313/2019, 5259/2021, 12763/2021]

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it may be available to the Authorities to take
action in terms of law, however, only after
following due procedure, if they are so

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interested.

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DEVAN RAMACHANDRAN

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JUDGE

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SAS/ACR

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[WP(C) Nos.22313/2019, 5259/2021, 12763/2021]
11

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APPENDIX OF WP(C) 22313/2019

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PETITIONER’S EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF JUDGMENT DATED 21/8/2014 IN W.P.` `(C) NO.23102/2012.`
`EXHIBIT P2`	`TRUE COPY OF JUDGMENT DATED 8/12/2015 IN` `W.A.NO.1462/2015.`
`EXHIBIT P3`	`TRUE COPY OF ORDER DATED 27/1/2017 BY 1ST` `RESPONDENT EFFECTING THE WILDHELD PROMOTION` `OF PETITIONERS AS SENIOR FARM SUPERVISOR.`
`EXHIBIT P4`	`TRUE COPY OF ORDER DATED 3/10/2018 BY 1ST` `RESPONDENT FIXING THE PENSIONARY BENEFITS OF` `1ST PETITIONER DISREGARDING HIS PROMOTION AS` `SENIOR FARM SUPERVISOR.`
`EXHIBIT P5`	`TRUE COPY OF ORDER DATED 28/6/2019 BY 1ST` `RESPONDENT RE-FIXING THE PENSIONARY BENEFITS` `OF 1ST PETITIONER DISREGARDING HIS PROMOTION` `AS SENIOR FARM SUPERVISOR.`
`EXHIBIT P6`	`TRUE COPY OF ORDER DATED 17/1/2017 BY 1ST` `RESPONDENT.`
`EXHIBIT P7`	`TRUE COPY OF JUDGMENT DATED 1/6/2017 IN W.P.` `(C) NO.40592/2016.`

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[WP(C) Nos.22313/2019, 5259/2021, 12763/2021]
12

¶102

APPENDIX OF WP(C) 5259/2021

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PETITIONER’S EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF JUDGMENT DATED 21.8.2014 IN` `W.P.C NO. 23102/2012.`
`EXHIBIT P2`	`TRUE COPY OF JUDGMENT DATED 8.12.2015 IN W.A.` `NO. 1462/2015.`
`EXHIBIT P3`	`TRUE COPY OF ORDER DATED 6.11.2014 BY WHICH` `1ST PETITIONER WAS PROMOTED AS FARM` `SUPERVISOR GRADE I WITH EFFECT FROM 1.4.2011.`
`EXHIBIT P4`	`TRUE COPY OF ORDER DATED 16.03.2015 BY WHICH` `1ST PETITIONER WAS PROMOTED AS SENIOR FARM` `SUPERVISOR WITH EFFECT FROM 1.6.2014.`
`EXHIBIT P5`	`TRUE COPY OF ORDER DATED 20.07.2017 BY WHICH` `2ND PETITIONER WAS PROMOTED AS FARM` `SUPERVISOR GRADE II WITH EFFECT FROM` `1.6.2017.`
`EXHIBIT P6`	`TRUE COPY OF ORDER DATED 16.1.2020 BY 1ST` `RESPONDENT RE-FIXING THE PENSIONERY BENEFIT` `OF 1ST RESPONDENT RE-FIXING THE PENSIONARY` `BENEFITS OF 1ST PETITIONER DISREGARDING HIS` `PROMOTION AS FARM SUPERVISOR GRADE I AND` `SENIOR FARM SUPERVISOR.`
`EXHIBIT P7`	`TRUE COPY OF ORDER DATED 16.1.2020 BY 1ST` `RESPONDENT RE-FIXING THE PENSIONARY BENEFITS` `OF 2ND PETITIONER DISREGARDING HIS PROMOTION` `AS FARM SUPERVISOR GRADE II.`
`EXHIBIT P8`	`TRUE COPY OF ORDER DATED 17.1.2017 BY 1ST` `RESPONDENT.`
`EXHIBIT P9`	`TRUE COPY OF JUDGMENT DATED 1.6.2017 IN W.P.C` `NO. 40592/2016`

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[WP(C) Nos.22313/2019, 5259/2021, 12763/2021]
13

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APPENDIX OF WP(C) 12763/2021

¶107

`PETITIONER’S EXH`	`IBITS`
`Exhibit P1`	`TRUE COPY OF JUDGMENT DATED 21.08.2014 IN` `WP(C) NO. 14045/2012.`
`Exhibit P2`	`TRUE COPY OF JUDGMENT DATED 8.12.2015 IN` `WA.NO.1462/2015.`
`Exhibit P3`	`TRUE COPY OF ORDER DATED 23.09.2020 BY 4TH` `RESPONDENT RECKONING THE PAY OF FARM` `ASSISTANT (SELECTION GRADE) FOR COMPUTATION` `OF PENSIONARY BENEFITS OF PETITIONER DEHORS` `HER ACTUAL PAY.`
`Exhibit P4`	`TRUE COPY OF COMMUNICATION DATED 7.10.2020` `FROM 2ND RESPONDENT TO THE DISBURSING OFFICER` `OF PETITIONER INFORMING EXHIBIT-P3.`
`Exhibit P5`	`TRUE COPY OF PROCEEDINGS DATED 7.10.2020 BY` `WHICH PETITIONER WAS SANCTIONED WITH MONTHLY` `PENSION, D.C.R.G AND COMMUTED VALUE OF` `PENSION.`
`Exhibit P6`	`TRUE COPY OF ORDER DATED 7.10.2020 BY WHICH` `PETITIONER WAS SANCTIONED WITH COMMUTED VALUE` `OF PENSION TO TUNE OF RS.15,24, 874/-`
`Exhibit P7`	`TRUE COPY OF REPRESENTATION DATED 25.11.2020` `BY PETITIONER BEFORE 2ND RESPONDENT`
`Exhibit P8`	`TRUE COPY OF COMMUNICATION DATED 16.01.2021` `FROM UNIVERSITY TO 4TH RESPONDENT.`
`Exhibit P9`	`TRUE COPY OF ORDER DATED 17.01.2017 BY 1ST` `RESPONDENT.`
`Exhibit P10`	`TRUE COPY OF JUDGMENT DATED 1.6.2017 IN WP(C)` `NO.40592/2016.`

Mathew K.K. v. Kerala Veterinary and Animal Sciences University

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Mathew K.K. v. Kerala Veterinary and Animal Sciences University

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