IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 33143 of 2011(P) -------------------------- PETITIONER(S): --------------- T.K.VIJAYAN,FARM MANAGER GRADE 1 (RETIRED),KERALA AGRICULTURAL UNIVERSITY RESIDING AT KUTTUMANNIL HOUSE,PERINGALA P.O, KAYAMKULAM, ALAPPUZHA 690 559. BY ADV. SRI.N.SUGATHAN SMT.M.C.BINDUMOL RESPONDENT(S): --------------- 1. KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY THE REGISTRAR, VELLANIKKARA,THRISSUR 680 656. 2. THE COMTROLLER, KERALA AGRICULTURAL UNIVERSITY VELLANIKKARA, THRISSUR 680 656. 3. THE PROJECT DIRECTOR ONATTUKARA REGIONAL AGRICULTURAL RESEARCH STATION KAYAMKULAM 690 561. 4. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT AGRICULTURE (FARMS) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, ALONG WITH WPC 33171 & 33172 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 33143/2011 PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF ORDER NO.PEN.B2/33916/09(i)DATED 13.5.2010 ISSUED BY THE UNIVERSITY. EXHIBIT P2. TRUE COPY OF ORDER NO.PEN.B2/33916/2009 (ii) DATED 13/5/2010 ISSUED BY THE UNIVERSITY. EXHIBIT P3. TRUE COPY OF ORDER NO.PEN.B2/33916/2009 DATED 10.11.2011 ISSUED BY THE UNIVERSITY. RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.33143, 33171 & 33172 of 2011 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of December, 2011. JUDGMENT The petitioners herein have retired from the service of the University on 31.3.2010. The main reliefs sought for in the writ petitions are for a direction to disburse the amounts sanctioned as D.C.R.G., Gratuity, and Commuted Value of Pension, to disburse the arrears of salary and to revise the pensionary benefits already sanctioned on the basis of pay fixed in the revised scale, except monthly pension. 2. Learned Standing Counsel appearing for the University submitted that in view of the financial constraints of the University the entire amounts could not be disbursed to the retirees so far. It is submitted that some more time will be required as it depends upon the availability of funds also. 3. Learned counsel for the petitioners submitted that in the light of the revision of scale of pay with effect from 1.7.2009, normally pay fixations will have to be done and depending upon the same, consequential benefits towards revision of pension and other benefits also may have to be granted. 4. Therefore, there will be a direction to the respondents that WPC.33143, 33171 & 33172/2011 2 appropriate action regarding refixation of pay of the petitioners will be finalised within a period of six weeks and consequent revision of pensionary benefits will also be granted and the amounts due to the petitioners will be disbursed within a period of three months from the date of receipt of a copy of this judgment. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/