Disposed

Mohanan v. Vs University of Calicut

Kerala HC26 Jul 2024WP(C)/5557/2017

Case brief

AI extract

What is this about?

A retired Deputy Registrar filed a writ petition seeking quashing of orders and directions to recover excess pensionary benefits. The court directed the fourth respondent to receive the petitioner's representation and pass appropriate orders after hearing, directing the petitioner to produce the representation within three weeks.

What did the court decide?

Directed the fourth respondent to consider the petitioner's representation and pass orders within three months after hearing; directed the petitioner to produce the representation within three weeks.

Mohanan v Vs University of Calicut — Pension and Retirement Benefits | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 26TH DAY OF JULY 2024 / 4TH SRAVANA, 1946
WP(C) NO. 5557 OF 2017

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PETITIONER :-

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MOHANAN V, AGED 59 YEARS
DEPUTY REGISTRAR (RETIRED)UNIVERSITY OF
CALICUTRESIDING AT "KANAVE"PUTHEKKAD,
FEROKE P.O, KOZHIKODE 673 631

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BY ADVS.

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SRI.T.B.HOOD
SMT.M.ISHA

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RESPONDENTS :-

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1UNIVERSITY OF CALICUT
CALICUT UNIVERSITY P.OCALICUT 673
635REPRESENTED BY ITS REGISTRAR

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2 THE VICE CHANCELLOR UNVIERSITY OF CALICUT, CALICUT UNIVERSITY P.O, MALAPPURAM 673 635

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3 JOINT DIRECTPR KERALA STATE AUDIT DEPARTMENT CALICUT UNIVERSITY P.O, CALICUT 673 635

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4STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
FINANCE (PAY REVISION CELL-D)DEPARTMENT,
THIRUVANANTHAPURAM 695 001

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BY ADV SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
SRI. T. JAYAN -GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5557 OF 2017

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JUDGMENT

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The above writ petition is filed with the following prayers :-

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(i) call for the records relating to Exts.P10 and P11 orders of the 1^st respondent University and quash the same by issuing a writ of certiorari or any other writ, order or direction.

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(ii) issue a writ in the nature of mandamus or any other writ, order or direction commanding the respondents to continue to pay the pension sanctioned as per Ext.P6 and revised pension sanctioned as per Ext.P8.

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(iii) issue a writ in the nature of mandamus or any other writ, order or direction commanding the respondents disburse the amount deducted from the pension of the petitioner pursuant to Exts.P10 and P11 orders.

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(iv) issue a writ in the nature of mandamus or any other writ, order or direction commanding the respondents 1 and 2 to forward Ext.P12 representation to the 4^th respondent and direct the 4^th respondent to take a decision thereon after affording opportunity of hearing to the petitioner.

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(v) pass such other order or direction as this Hon’ble Court deems fit to pass in the circumstances of the case.

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The petitioner retired from the service of the 1^st

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respondent University as Deputy Registrar on 30.11.2013. All retirement benefits were paid to the petitioner. By order dated

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WP(C) NO. 5557 OF 2017

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10.08.2016, which was served to the petitioner in the month of December, 2016, the pay drawn by the petitioner as Deputy Registrar with effect from 20.11.2012 was revised. As per Ext.P9 Government Order modifying the scale of pay, the petitioner’s scale of pay in the post of Assistant Registrar and Deputy Registrar was modified by the University as per order dated 10.08.2016. Pursuant to Ext.P10 order, the revised pensionary benefits were sanctioned to the petitioner as per Ext.P11 order. The Finance Branch was directed to clear the bill and pay the arrears of pensionary benefits to the petitioner after recovering the excess amount paid towards pension and commutation. Thereafter, the petitioner had filed Ext.P12 representation before the 4^th respondent against the recovery of the amount paid to the petitioner. Aggrieved by the non-consideration of the said representation, the petitioner has approached this Court with the above writ petition.

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I have heard the learned counsel for the petitioner as well as the learned Government Pleader.

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When the case was taken upon 08.07.2024, this Court directed the Government Pleader to get instructions whether

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WP(C) NO. 5557 OF 2017

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Ext.P12 representation was received and any orders have been passed by the respondents.

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The learned Government Pleader on instructions, submitted that Ext.P12 representation was not received by the 4^th respondent and hence, no orders were passed on the same.

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The learned counsel for the petitioner submits that the petitioner could not produce any acknowledgment to prove service of Ext.P12 representation, but submits before this court that the petitioner is ready and willing to produce Ext.P12 before the competent authority and seeks for a direction to consider Ext.P12 representation within a time frame. In the separate counter affidavits filed by Respondents 1 and 2 in paragraph 11, it is stated that steps were taken to refer the matter to the Government for obtaining exemption from the recovery. The fourth respondent has not filed any counter affidavit denying the receipt of Ext.P12. Considering the fact of the case, I am of the opinion that this writ petition can be disposed of by giving a direction to the fourth respondent to consider and pass orders on Ext.P12 after obtaining necessary details, if any, from respondents 1 to 3.

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WP(C) NO. 5557 OF 2017

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Accordingly, this writ petition can be disposed of as

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follows :-

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(i) The petitioner is directed to produce Ext.P12 requests along with a copy of the writ petition, before the 4^th respondent, within three weeks, from the date of receipt of a certified copy of this judgment. On receipt of the same, the 4^th respondent is directed to consider and pass appropriate orders on Ext.P12 representation, after obtaining necessary inputs if any required, from respondents 1 to 3, within a period of three months , in accordance with law.

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(ii) It is made clear that before any such orders are passed, the petitioner shall be afforded an opportunity of hearing.

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Sd/-

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SHOBA ANNAMMA EAPEN JUDGE

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SMA

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WP(C) NO. 5557 OF 2017

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APPENDIX OF WP(C) 5557/2017

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PETITIONER EXHIBITS :-

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`EXHIBIT P1`	`TRUE COPY OF RELEVANT PAGES OF G.O(P) NO` `86/2011/FIN DATED 26-02-2011`
`EXHIBIT P2`	`TRUE COPY OF UNIVERSITY ORDER NO` `PRC/231/2011/FIN (25) DATED 16-08-2011`
`EXHIBIT P3`	`TRUE COPY OF THE UNIVERSITY ORDER NO` `FIN.E2/16081/2011 DATED 10-08-2012`
`EXHIBIT P4`	`TRUE COPY OF THE UNIVERSITY ORDER NO` `40/2013/FIN DATED 23-01-2013`
`EXHIBIT P5`	`TRUE COPY OF THE UNIVERSITY ORDER NO` `341/2013/FIN DATED 18-06-2013`
`EXHIBIT P6`	`TRUE COPY OF THE UNIVERSITY ORDER NO` `6316/2013/CU DATED 05-12-2013`
`EXHIBIT P7`	`TRUE COPY OF THE UNIVERSITY ORDER NO` `6316/2013/CU DATED 05-12-2013`
`EXHIBIT P7`	`TRUE COPY OF THE UNIVERSITY ORDER NO` `7042/2013/CU DATED 26-12-2013`
`EXHIBIT P8`	`TRUE COPY OF THE UNIVERSITY ORDER NO` `6273/2016/ADMN DATED 19-05-2016`
`EXHIBIT P9`	`TRUE COPY OF G.O(MS) NO 571/2013(180)/FIN` `DATED 21-11-2013.`
`EXHIBIT P10`	`TRUE COPY OF THE UNIVERSITY ORDER NO` `1213/2016/FIN DATED 10-08-2016`
`EXHIBIT P11`	`TRUE COPY OF THE UNIVERSITY ORDER NO` `13891/2016/ADMN DATED 26-11-2016`
`EXHIBIT P12`	`TRUE COPY OF THE REPRESENTATION DATED 19-` `12-2016 SUBMITTED BY THE PETITIONER TO THE` `UNIVERSITY`

Mohanan v. Vs University of Calicut

Case brief

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Mohanan v. Vs University of Calicut

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