IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 16535 of 2009(J) ------------------------------- PETITIONERS: ---------------- 1. DR.N.KUNJIKUTTY, PROFESSOR (RETIRED), COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY, RESIDING AT THULASI, OLLUKKARA P.O.,TRISSUR-680655. 2. DR.P.PRABHAKARAN, PROFESSOR (RETIRED), COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY, RESIDING AT TC 14/732, "LAKSHMI", MANNUTHY, THRISSUR-680651. 3. DR.PRABHAKARAN NAIR, PROFESSOR (RETIRED), COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY, RESIDING AT "DEEPTHI", 59, PRANAVAM NAGAR, OLLUKKARA P.O., TRISSUR-680655. 4. SRI.NANDAKUMARAN.M., PROFESSOR (RETIRED), COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY. RESIDING AT "SHREYAS", NEAR VICTORY ITC, BLOCK OFFICE ROAD, OLLUKKARA P.O., THRISSUR-680655. 5. DR.M.G.RAMAKRISHNA PILLAI, PROFESSOR (RETIRED), COLLEGE OF VETERINARY & ANIMAL SCIENCES MANNUTHY, RESIDING AT "DEEPTHI", A-39,ST-II, INDIRA NAGAR, MANNUTHY P.O., THRISSUR-680651. 6. DR.M.STHANUMALAYAN NAIR, ASSOCIATE DIRECTOR OF RESEARCH, KAU (RETIRED), COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY, RESIDING AT "RAJASREE", INDIRA NAGAR, MANNUTHY P.O., THRISSUR-680651. 7. DR.P.K.ISMAIL, PROFESSOR (RETIRED), COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY, RESIDING AT "SISMAHAL", MANNUTHY P.O., THRISSUR- 680651. BY MS.LATHA PRABHAKARAN, ADVOCATE. MR.K.M.JAMALUDHEEN, ADVOCATE. WP(C).No. 16535/2009 ...2... RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, FIANCE WING (PENSION), VELLANIKKARA, THRISSUR-680656. 3. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR-680656. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER FOR R1. MR. RENJITH THAMPAN, SC FOR R2 & R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16535 OF 2009 --------------------------------------- Dated this the 17th day of July, 2009. J U D G M E N T All the petitioners have retired from the service of the Kerala Agricultural University during various dates in between 1994 to 2003. After the retirement, they were getting basic pension, Dearness Relief and Medical Allowance. The pay revision of the year 2005 resulted in Dearness Relief being revised and consequently, there was increase in the amount of pension also. 2. It is averred in the writ petition that when the pension was disbursed to the petitioners instead of disbursing the full amount of Dearness Relief, the University disbursed only part of the same and kept the balance as arrears. In spite of the repeated requests made by the petitioners, the arrears have not been disbursed. 3. Exhibits P2(a) to P2(g) shows the amount towards Dearness Allowance/Dearness Relief for the period from W.P.(C) No.16535/2009 2 01.01.2005 to 28.02.2009 in respect of various petitioners. These details were furnished by the University in response to Exhibit P1 and similar applications sent by various petitioners. In the said communications, it is stated that the arrears of Dearness Allowance to serving employees is credited to P.F account of the concerned and Dearness Relief arrears will be paid on availability of funds. The petitioners therefore, seek for a direction to the respondents to disburse the amount covered by Exhibits P2(a) to P2(g) with 12% interest per annum. 4. Heard the learned standing counsel for the University. It is submitted that the payment of arrears was delayed due to shortage of funds and steps are being taken to disburse the same. Apart from the petitioners, various other retirees have also to be disbursed various amounts, and funds are being made available from various sources for the same. It is therefore, submitted that the amounts can be disbursed if sufficient time is given to the University in the matter. Therefore, there will be a direction to the respondents 2 and 3 to see that the amounts covered by Exhibits P2(a) to P2(g) are W.P.(C) No.16535/2009 3 disbursed to the respective petitioners within a period of three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp