IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 14961 of 2009(M) -------------------------------- PETITIONER: -------------- P.R.GOVINDAN,AGED 50 YEARS, S/O.P.A.RAMAN,PUTHIYAVALAPPIL HOUSE,ANCHERY, T.T.ROAD,KURIACHIRA.PO,THRISSUR-6.(EXECUTIVE ENGINEER (RETIRED)ENGINEERING DIVISION, KAU, PANAGAD). BY MS.JEENA JOSEPH, ADVOCATE. MR.G.D.PANICKER, ADVOCATE. RESPONDENTS: ------------------ 1. THE REGISTRAR,KERALA AGRICULTURAL UNIVERSITY,VELLANIKKARA,THRISSUR. 2. THE COMPTROLLER,KERALA AGRICULTURAL UNIVERSITY,VELLANIKKARA,THRISSUR. BY MR.RENJITH THAMPAN, SC, FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14961 OF 2009 --------------------------------------- Dated this the 13th day of July, 2009. J U D G M E N T The petitioner has availed voluntary retirement from the service of the Kerala Agricultural University while working as Executive Engineer having full additional charge of Director of Physical plant, Head of the Engineering Department. He completed 25 years of service on 27.10.2008 and thereafter submitted an application for permission to take voluntary retirement. By Exhibit P1, permission was granted by the University. The petitioner had been representing the University by filing various representations for disbursal of the gratuity, provident fund and commutation of pension. Since no action is being taken in the matter, this writ petition is filed seeking for appropriate direction to the University to disburse various amounts. 2. Heard the learned Additional Advocate General appearing for respondents 1 and 2. On behalf of the University, a W.P.(C) No.14961/2009 2 statement has been placed for perusal. It is pointed out that the petitioner will not get any preferential treatment mainly because he has availed voluntary retirement. At present, the D.C.R.G of persons who have retired upto 30.11.2007 and sanctioned within 30.04.2009 have been paid. The commuted value of pension is paid up to those who have retired on 30.09.2007. Mainly it is pointed out that the pension proposal in respect of the petitioner had been forwarded to the Deputy Director, Local Fund Audit. As per the provisional calculation, an amount of Rs.3,30,000/- is due towards D.C.R.G, and towards commuted value of pension an amount of Rs.7,85,726/- is due. It is further pointed out that on receipt of the audit enfacement only the admissible amount can be confirmed. 3. It is also submitted that the University is allotting about Rs.2 crores in a quarter by sweeping its receipts from all corners to disburse the dues. At this rate it is presumed that the dues of those retired upto 30.01.2009 will be paid off within next 12 months, unless sufficient funds are received as grant in aid. 4. The petitioner had a remaining period of 5 years of service in the University. He had availed of voluntary retirement W.P.(C) No.14961/2009 3 because of certain adverse circumstances. The representations filed as Exhibits P2 to P4 will show that the petitioner had sought for disbursement of various amounts in view of the financial problems experienced by him. Since the petitioner has been allowed to avail voluntary retirement, his case has to be considered separately. The offer made by the petitioner for voluntary retirement was accepted by the University. In that view of the matter, the retirement benefits have to be disbursed without further delay. There will be a direction to the first respondent to see that the eligible amounts to the petitioner towards D.C.R.G, Provident Fund and Commuted Value of Pension are disbursed within a period of two months from the date of receipt of a copy of this judgment. It is made clear that this will not be treated as a precedent. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp