IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR THURSDAY, THE9H DAY OF JANUARY201419TH POUSHA, 1935 WP(C).No. 29459 of 2013 (F) ---------------------------- PETITIONER(S): ------------------ S.MAJIDA BEEVI, AGED57YEARS W/O.K.MEERA SHAHIB RETIRED SECTION OFFICER FC & DH (HG) INSTRUCTIONAL FARM, KERALA AGRICULTURAL UNIVERSITY COLLEGE OF AGRICULTURE, VELLAYANI RESIDING AT 'ANZY MAHAL', TC49270(18), HOUSE NO.22B KAMAL NAGAR, KAMALESWARAM, MANARCAUD P.O THIRUVANANTHAPURAM. BY ADVS.SRI.R.S.KALKURA SMT.R.BINDU SRI.M.S.KALESH SMT.A.V.PRIYA SRI.HARISH GOPINATH SMT.M.K.LEELAKUMARI SRI.JOHNSON JOSE PANJIKKARAN SRI.SANIL KUNJACHAN SRI.K.N.KRISHNAN NAMBOOTHIRI SRI.KURIAN KOSHY RESPONDENT(S): ------------------- 1. KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR KERALA AGRICULTURAL UNIVERSITY, VELLANIKARA THRISSUR- 689 219 2. THE COMPTROLLER KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA THRISSUR- 689 219. BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRI.UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0901-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29459 of 2013 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXHIBIT P1: COPY OF THE PROCEEDINGS ISSUECD BY THE DEPUTY COMPTROLLER OF THE FIRST RESPONDENT BEARING NO. PENB2/5529/12(I) DATED278/2013. EXHIBIT P2: COPY OF THE PROCEEDINGS ISSUED BY THE DEPUTY COMPTOLLER OF THE FIRST RESPONDENT BEARING NO.PEN.B2/5529/12(II) DATED278/2013. EXHIBIT P3: COPY OF THE PROCEEDINGS ISSUED BY THE DEPUTY COMPTROLLER OF THE FIRST RESPONDENT BEARING NO. PEN/B2/5529/12 DATED1810/2013. EXHIBIT P4: COPY OF REPRESENTATION DATED106/2013 SUBMITTED BY THE PETITIONER BEFORE THE2D RESPONDENT. EXHIBIT P5: COPY OF LETTER DATED256/2013, ISSUED BY THE2D RESPONDENT. EXHIBIT P6: COPY OF THE REPRESENTATION DATED1611/2013 SUBMITTTED BY THE PETITIONER TO THE2D RESPONDENT. RESPONDENT(S)' EXHIBITS:NIL ----------------------------------- //TRUE COPY// P.A.TO JUDGE C.T. RAVIKUMAR, J.
========================== W.P.(C). No.29459 OF2013========================== Dated this the 9th day of January, 2014 JUDGMENT
The petitioner retired from the service of the first respondent University on 30.11.2012. This writ petition has been filed on being aggrieved by the delay in the matter of disbursement of the retiral benefits. In view of the submissions made by the learned standing counsel appearing for the respondents, it has become unnecessary to go into the rival contentions in detail. It is submitted that there is no dispute with respect to the date of retirement and also the entitlement of the petitioner to get the retiral benefits. It is submitted that the delay in disbursement is occurring solely on account of the financial stringency. It is further submitted that some reasonable time may be granted to the respondents for disbursement of the retiral benefits. There cannot be any doubt with respect to the fact that, straitened W.P.(C).29459/13 2 circumstances cannot be assigned as a reason for denying or delaying the retiral benefits to a retiree. Taking into account the rival submissions, this writ petition is disposed of with a direction to the respondents to disburse the retiral benefits legally payable to the petitioner as per Exts.P1 to P3 expeditiously and at any rate, within a period of four months from the date of receipt of a copy of this judgment. It is made clear that in case of failure on the part of the respondents in disbursing the benefits legally payable to the petitioner, it would carry interest at the rate of 6% per annum. Sd/- C.T. RAVIKUMAR (JUDGE) spc/ W.P.(C).29459/13 3 C.T. RAVIKUMAR, J.
JUDGMENT
September,2010 W.P.(C).29459/13 4