IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 30437 of 2007(W) --------------------------------------- PETITIONER(S): ---------------------- DR. C.S. RAJAN, RETIRED READER IN HINDI, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, NOW RESIDING AT 33/102/E, SOUMYA NAGAR ROAD, ALINCHUVADU, EDAPPALLY P.O., KOCHI-24. BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE ADV. MR.S.SUJIN RESPONDENT(S): ------------------------ 1. THE REGISTRAR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,KALADY. 2. THE PRINCIPAL SECRETARY (FINANCE), GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. R2 TO R4 BY GOVERNMENT PLEADER R1 BY MR.B.S.KRISHNAN, SENIOR ADVOCATE R1 BY ADV. MR.K.ANAND, SC, SANSKRIT UTY. R1 BY ADV. SMT.LATHA KRISHNAN,SC,SANSKRIT UTY. R1 BY ADV. MR.P.K.VIJAYAMOHANAN,SC,SANKARACHA.UTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 30437/2007-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.G.O.(RT)NO.518/99/H.EDN. DATED 19/05/1999 ISSUED BY THE GOVERNMENT. EXT.P2: COPY OF THE JUDGMENT DATED 26/06/2003 IN W.P.(C). NO. 970 OF 2003 OF THIS HONOURABLE COURT. EXT.P3: COPY OF THE GO(RT) NO.723/04/H. EDN. DATED 31/05/2004. EXT.P4: COPY OF THE ORDER NO.AD. H1/PEN/1127/98 DATED 15/07/2004 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.P5: COPY OF THE COMMUNICATION NO.19677/PWC-A2/06/FIN. DATED 13/02/2007 SENT TO THE DIRECTOR OF COLLEGIATE EDUCATION BY THE PRINCIPAL SECRETARY (FINANCE), THIRUVANANTHAPURAM. EXT.P6: COPY OF THE REPRESENTATION DATED 07/07/2007 SENT BY THE PETITIONER TO THE REGISTRAR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY. EXT.P7: COPY OF THE GOVERNMENT ORDER DATED 18/09/2008 ISSUED BY THE GOVERNMENT RECKONING THE AIDED COLLGE SERVICE ALSO FOR COUNTING THE PERIOD OF PENSION. EXT.P7: COPY OF THE ORDER NO.AD.D/5210/SSUS/05 DATED 11/09/2007 ISSUED BY THE RESPONDENT UNIVERSITY. (I.A. NO.16251/2008) RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE PROCEEDINGS NO.P18/PEN.A/238/AB/07-08/442 DATED 04/06/2007 COMMUNICATED TO THIS RESPONDENT. EXT.R1(b): COPY OF THE ORDER NO.AD.D/5210/SSUS/2005 DATED 24/05/2008 OF THE UNIVERSITY. //TRUE COPY// P.A. TO JUDGE Rs/ T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30437/2007-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of March, 2009 J U D G M E N T The petitioner retired from service as a Reader in Hindi from the Sree Sankaracharya University of Sanskrit, Kalady on 31/05/2005. He joined there on 17/11/1997 and continued till the date of his retirement. He had also worked there as Professor in Hindi from 01/11/1994 to 16/11/1997 and he has completed 24 years and 3 months service in various capacities. The claims raised herein is for the sanction of retirement benefits. 2. The first respondent Registrar has filed a counter affidavit. Ext.R1(b) is the proceedings of the University dated 24/05/2008, sanctioning pension and gratuity for the remaining period of service due to the petitioner. It is therefore, submitted that the writ petition may be disposed of in the light of Ext.R1(b). The Registrar of University will take appropriate action to disburse the pension amount to the petitioner within one month from the date of receipt of the copy of this judgment. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) ms