IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 37807 of 2010(A) ---------------------------------------- PETITIONER(S): ------------------------ 1. C.B.SUGATHAN,AGED 57 YEARS, FARM SUPERINTENDENT(RTD),KERALA AGRICULTURE UNIVERSITY,S/O.C.S.BALAN,CHIYYARATH HOUSE, CHIYYARAM.P.O,THRISSUR DISTRICT,PIN-680026. 2. T.K.AMBIKA,AGED 56 YEARS,ASST.CONTROLLER (RTD),W/O.C.C.RAMAN,CHEMMATTUPADI HOUSE, G-4/17,NEAR K I L A,MULANKUNNATHUKAVU.P.O, THRISSUR,PIN:680581. 3. M.A.SUJATHA,AGED 56 YEARS, SECTION OFFICER(HR.GR)RTD,W/O.V.R.VELAYUDHAN, VETTIYATTIL HOUSE,NEAR GOVT.BOYS H.S,CHALAKKUDY.PO THRISSUR,PIN:680307. 4. K.N.RADHAKRISHNAN,56 YEARS, SECTION OFFICER(HR.GR.)RETD,S/O.K.K.NARAYANAN, KAVALLUR HOUSE,NETTISSERY.P.O,THRISSUR DISTRICT, PIN:680651. 5. G.SANTHAKUMARY,AGED 56 YEARS, DEPUTY REGISTRAR(RTD),W/O.K.KUTTAPPAN ACHARI, KRISHNANJALI,MULLAKKARA,MANNUTHY.P.O, THRISSUR.DISTRICT,PIN:680 651. 6. K.P.VASANTHAKUMARY,AGED 56 YEARS, SECTION OFFICER(HR.GR.)RTD,W/O.T.R.SIVASANKARAN NAIR, KEDARAM,KOLAZHY.P.O,THRISSUR.DT, PIN:680 010. 7. V.A.ITTIARA,AGED 56 YEARS,LAB ASST. GRADE 3(RTD),S/O.V.A.AGASTHY,VADAKKUMPADAM HOUSE, MYTHRI NAGAR,K.A.U.PO,THRISSUR DISTRICT, PIN:680 656. tss W.P.(C) NO.37807/2010 8. P.I.KUNJUMOL,AGED 56 YEARS,PEON(RTD), W/O.K.M.PONNUMON,KONARATH HOUSE,VELLANIKKARA, K.A.U.P.O,THRISSUR DISTRICT,PIN:680656. 9. S.RAMACHANDRAN NAIR,AGED 56 YEARS, ADMINISTRATIVE OFFICER GR.I(RTD), S/O.LATE SRI.P.SREEDHARAN NAIR,PRANAVAM, SREELAKSHMI NAGAR,MANNUTHY.P.O,THRISSUR DISTRICT, PIN:680651. 10. R.BALASUBRAMANIAN,AGED 56 YEARS, OFFICE SUPDT(RETD),S/O.LATE SRI.K.RAMA IYER, KIZHAKKE MADAM,ESHWARAMANGALAM.P.O, TAVANUR(VIA),MALAPPURAM,PIN:679573. 11. V.C.MARIAMMA,AGED 56 YEARS, SECTION OFFICER(F.C & D),HR.GR.(RTD), W/O.K.J.LONAN,KOZHUVALLIL HOUSE,GANDHI NAGAR, MANNUTHY.P.O,THRISSUR DISTRICT,PIN:680 651. 12. DEBORAH CYRIL,AGED 56 YEARS, HEAD MISTRESS(RTD),W/O.KURIAKOSE.P.J, PARAMPATH HOUSE,CHAMAMPATHAL,VAZHOOR.P.O, KOTTAYAM DISTRICT,PIN:680 517. 13. M.K.VASUDEVAN,AGED 56 YEARS, CLASS IV(RTD),S/O.KUNJAYYAPPAN.M, MADAMBIKATTIL HOUSE,VELLANIKKARA.P.O,THRISSUR, PIN:680654. 14. S.GEETHABAI,AGED 56 YEARS, SECTION OFFICER(F.C & D)RTD,W/O.P.N.RAMAKRISHNAN, RAGAM NELLIKKAL,MUNDAKKAL EAST,KOLLAM.P.O, KOLLAM DISTRICT,PIN:691001. 15. M.J.KOCHAPPAN,AGED 56 YEARS, FARM SUPERINTENDENT (RTD),S/O.LATE M.A.JACOB, MUTHIPEEDIKA HOUSE,EAST PARAKKAD,VELUTHUR.P.O, THRISSUR DISTRICT,PIN:680016. 16. V.S.SKANDAKUMAR,AGED 56 YEARS, JOINT REGISTRAR(RTD),S/O.LATE V.R.SIVARAMAN, VAISAKH,VELLANIKKARA.P.O,THRISSUR DISTRICT, PIN:680654. 17. K.SHANMUGHAM,AGED 56 YEARS, SENIOR FARM SUPERVISOR(VETY)RTD, S/O.LATE K.KUNJIRAMAN,AKASH KAMPURAM, WEST HILL.P.O,KOZHIKODE. tss W.P.(C) NO.37807/2010 18. I.A.LIAKATH ALIKHAN,AGED 56 YEARS, SELECTION GRADE ASST(RTD), S/O.LATE E.ABDUL AZEEZ KHAN,14/176/11-A1-AZIZZIYA, SNEHA GARDENS-53A,KOORKKENCHERRY.P.O,THRISSUR DISTRICT,PIN:680 007. 19. B.KUMARI SATHYABHAMA,AGED 56 YEARS, W/O.P.VENUGOPAL,ANASWRA,PALLATH HOUSE, OLLUKKARA.P.O,THRISSUR DISTRICT.PIN:680655. 20. M.P.VIJAYACHANDRA BABU,AGED 56 YEARS, MADATHIL KIZHAKKATTIL,S/O.LATE M.S.NARAYANAN, ADMINISTRATIVE ASST(RTD),MENONPALLY, PATHIYOOR.P.O,ALAPPUZHA.P.O,PIN:680 552. 21. T.K.PONNAMMA,AGED 56 YEARS,SECTION OFFICER,(FCUD)HR.GR.(RTD),W/O.K.R.MURALIDHARAN KODUVACHIRAYIL HOUSE,MUHAMMA.P.O,ALAPPUZHA DIST. PIN:688 525. 22. B.BHANUMATHY,AGED 56 YEARS, ADMN.OFFICER GR.II(RTD),W/O.P.S.ANUJAN, RAMA NILAYAM,K.R.PURAM.P.O,K.R.PURAM.P.O, CHERTHALA,ALAPPUZHA DISTRICT. 23. MARIAMMA MATHEW,AGED 56 YEARS, OFFICE SUPDT(RTD),W/O.T.K.BABU,THOZHUVATHUMTHARA HOUSE,PALLICKACHIRA.P.O,MUKKANJIRAM, CHANGANACHERRY,KOTTAYAM DISTRICT,PIN:680537. 24. GIRIJA.K,AGED 56 YEARS, W/O.LATE.P.K.HARIDASAN,SREECHITHIRA, CMC-1-VELORVATTOM,CHERTHALA.P.O,ALAPPUZHA DIST. 25. K.P.SREEDHARAN NAIR,AGED 56 YEARS, S/O.LATE P.N.PARAMESWARAN NAIR, KANDATHIPARAMBIL HOUSE,EDANAD.P.O,PALAI, KOTTAYAM DISTRICT. BY ADV. SRI.SHAJI P.CHALY SRI.S.GOPAKUMAR SRI.R.SANJITH SMT.H.ROSHNI SMT.LIJITTA G.MATHEW tss W.P(C) NO.37807/2010 RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY,AGRICULTURAL DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR,VELLANIKKARA, THRISSUR. 3. THE SENIOR DEPUTY COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY,VELLANIKKARA, THRISSUR. R1 BY GOVT. PLEADER SRI.VIJULAL R2 & R3 BY ADV. SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.37807/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE IST PETITIONER. P2:-COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 2ND PETITIONER. P3:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 3RD PETITIONER. P4:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 4TH PETITIONER. P5:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 5TH PETITIONER. P6:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 6TH PETITIONER. P7:-COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 7TH PETITIONER. P8:-COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 8TH PETITIONER. P9:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 9TH PETITIONER. P10:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 10TH PETITIONER. P11:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE I11TH PETITIONER. P12:-COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 12TH PETITIONER. P13:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 13TH PETITIONER. P14:-COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 14TH PETITIONER. P15:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 15TH PETITIONER. tss W.P.(C) NO.37807/2010 P16:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 16TH PETITIONER. P17:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 17TH PETITIONER. P18:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 18TH PETITIONER. P19:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 19TH PETITIONER. P20:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 20TH PETITIONER. P21:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 2IST PETITIONER. P22:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 22ND PETITIONER. P23:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 23RD PETITIONER. P24:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 24TH PETITIONER. P25:- COPY OF THE PENSION AND COMMUTATION OF PENSION ORDER OF THE 25TH PETITIONER. P26:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 2ND PETITIONER. P27:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 5TH PETITIONER. P28:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 6TH PETITIONER. P29:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 7TH PETITIONER. P30:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 9TH PETITIONER. P31:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 10TH PETITIONER. tss W.P.(C) NO.37807/2010 P32:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 11TH PETITIONER. P33:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 13TH PETITIONER. P34:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 14TH PETITIONER. P35:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 15TH PETITIONER. P36:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 16TH PETITIONER. P37:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 18TH PETITIONER. P38:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 19TH PETITIONER. P39:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 24TH PETITIONER. P40:- COPY OF THE TERMINAL SURRENDER OF EARNED LEAVE ORDER OF 25TH PETITIONER. P41:- COPY OF THE REPRESENTATION DTD. 3.8.2010. P42:- COPY OF THE REPRESENTATION DTD. 17.8.2010. P43:- COPY OF THE REPRESENTATION DTD. 6.10.2010. P44:- COPY OF THE REPRESENTATION DTD. 30.11.2010. P45:- COPY OF THE REPRESENTATION DTD. 30.11.2010. P46:- COPY OF THE REPRESENTATION DTD. 30.11.2010. P47:- COPY OF THE REPRESENTATION DTD. 6.12.2010. P48:- COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO VARIOUS EXPENDITURE AND GRANTS UNDER RIGHT TO INFORMATION ACT. tss W.P.(C) NO.37807/2010 RESPONDENT'S EXHIBITS R1:- COPY OF THE SENIORITY LIST THUS ADOPTED IS PRODUCED. R2:- COPY OF THE THESE REPLIES ARE PRODUCED R3:- COPY OF THE BUDGET NOTE IS PRODUCED. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37807/2010-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of June, 2011 J U D G M E N T The petitioners herein have retired from service of the second respondent-University. Petitioners 1 and 23 retired on 31/01/2009 and 31/03/2009 and all others have retired from service on 31/03/2010. 2. The grievance raised by the petitioners is regarding the non-disbursement of pensionery benefits which are lawfully due to them. It is pointed out that monthly pension alone is being paid and accordingly, they are seeking for interest at the rate of 18% on the amounts due. 3. The stand of the University going by the counter affidavit filed by the Registrar is that they have prepared a seniority list of pensioners to whom benefits are due. Mainly it is pointed out that the financial problems of the University have resulted in the present situation and they are unable to meet the demand for disbursement of pensionery benefits simultaneously, at the time when the employees retire from service. Various details have been mentioned in W.P.(C). No.37807/2010 -:2:- the counter affidavit in support of their pleas also. What is being projected is that they are depending upon the Government funds for disbursement of retirement benefits apart from meeting other expenditures. The seniority list of retirees prepared is produced as Ext.R1. 4. Learned counsel for the petitioner submits that in respect of the persons who have retired from service as on 31/03/2010, based on the directions of this Court, the retirement benefits have been disbursed as evident from the proceedings of the University dated 30/05/2011 and 31/05/2011 in respect of one Shri T.Krishnankutty Printer Grade III as well as Smt.K.M.Chinnamma Binder Grade-II. Accordingly, they were disbursed the pensionery benefits in terms of the directions issued by this Court. Therefore, it is prayed that the petitioners may also be granted similar benefits. It is also submitted by the learned counsel for the petitioners that a time bound decision is necessary, as otherwise, the matter will get delayed. 5. The learned Standing Counsel for the University submitted that the University has to get W.P.(C). No.37807/2010 -:3:- further funds, to the tune of Rs.10 crores, from the Government and on disbursement of the same alone the expenditures could be met. 6. What is projected in the counter affidavit is the adverse financial conditions of the University. Mainly they are depending upon the Government funds for disbursement of pensionery benefits. Of course, it is upto the University to appraise the Government the requirement for more funds. It is submitted that the persons who have retired from service from 2009 are yet to be disbursed the pensionery benefits. Evidently, two petitioners have retired from service on 31/01/2009 and 31/03/2009 [petitioners 1 and 23] and all others on 31/03/2010. But at the same time, the disbursement of retirement benefits cannot be delayed as the persons have served the University for a long number of years and have to meet various expenses and obligations also. 7. Therefore, there will be a direction to the University to disburse the pensionery benefits to persons who have retired in the year 2009 within a period of two months and as far as payment of pension to the petitioners who have retired from service on W.P.(C). No.37807/2010 -:4:- 31/03/2010 is concerned, they will be disbursed pensionery benefits within a further period of two months. In the meanwhile, the Government will consider the requirement of the University for grant of additional funds, based on the requests made by the University and in the light of the directions issued above. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms