IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 35464 of 2010(G) PETITIONER: --------------- THAHA P.A., S/O.LATE ABU HAJI, AGED 57 YEARS, RESIDING AT PUNNEPPALLI HOUSE, KN-40, KALPAKA NAGAR, ANGAMALI. BY ADV. SRI.A.G.BASIL RESPONDENTS: --------------- 1. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY-683574, REPRESENTED BY ITS REGISTRAR. 2. VICE-CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY-683574. 3. FINANCE OFFICER, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY-683574. R1 TO R3 BY ADV. SRI.P.K.VIJAYAMOHANAN,SC,SANKARACHA.UTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, ALONG WITH WPC NO.33366 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO.35464 OF 2010 & W.P.(C) NO. 33366 OF 2006 ------------------------------------------------------ Dated this the 23rd day of December, 2010 JUDGMENT W.P.(C) No.35464 of 2010 is filed by Thaha P.A., who retired from service while working as Private Secretary to the Finance Officer of Sree Sankaracharya University of Sanskrit, on 30.3.2008. The grievance of the petitioner is that his pensionary benefits were not released to him by the University even after the expiry of a period of three years. 2. The reliefs prayed for in W.P.(C) No.35464 of 2010 are the following: “(a) Issue a Mandamus or any other appropriate Order or Direction, directing the respondent University to release the pension and other terminal benefits to the Petitioner expeditiously, within a time frame fixed by this Hon'ble Court; (b) Declare that the Petitioner is entitled for interest @ 12% for the delayed payment of pension; W.P.(C) NOS.35464 OF 2010 AND 33366 OF 2006 :: 2 :: (c) To grant such other appropriate relief to the petitioner as this Hon'ble Court may deem fit and proper in the interest of justice; (d) To award costs to the Petitioner.” 3. In the statement filed on behalf of the respondents, it is stated in paragraph 2 as follows: “2. The petitioner joined the service of the University on 07.04.2000. The appointment of the petitioner and other Section Officers was set aside by this Hon'ble Court in the Judgment Dated 19.07.2005 in O.P.No.8571/2000 and connected cases. The above judgment was confirmed by the Division Bench in Writ Appeal No.1576 of 2005 and connected cases by Judgment Dated 10.10.2006. The petitioner has filed S.L.P.No.5811 of 2007 before the Hon'ble Supreme Court and it was on the basis of a stay order, the petitioner had been continuing in the service of the University. In the wake of this Hon'ble Court setting aside the appointment of the petitioner, he along with another employee have represented before the Mahatma Gandhi University to permit them to rejoin duty. On the basis of the above representation, praying W.P.(C) NOS.35464 OF 2010 AND 33366 OF 2006 :: 3 :: for a writ of mandamus to the respondent University to permit them to rejoin the Mahatma Gandhi University, they have filed Writ Petition as W.P.(C) No.33366 of 2006, which is pending before this Hon'ble Court. Both the petitioners have retired from the service of the University long ago. However, the Writ Petition is kept pending.” 4. When W.P.(C) No.35464 of 2010 came up for hearing on 15.12.2010, taking into account the submission made by the counsel appearing for the parties, the following order was passed: “The claim in this Writ Petition is for the grant of pensionary benefits. The petitioner had filed WP(C) No.33366 of 2006 claiming certain reliefs which according to the University, are contrary to the claim for pension. In the letter dated 13.8.2008 issued by the University, it is stated that before proceeding further in the matter of granting pension, the petitioner should get his Writ Petition (WP(C) No.33366 of 2006) disposed of either as withdrawn, not pressed or otherwise. Sri.Basil, learned counsel for the petitioner submitted that the petitioner is interested in getting his pension at the earliest and, if the University is prepared to grant the pension to him, he is prepared to withdraw WP(C) No.33366 of 2006. W.P.(C) NOS.35464 OF 2010 AND 33366 OF 2006 :: 4 :: These submissions are recorded. The Standing Counsel for the University prays for time to get further instructions in the matter. Post on 21st December, 2010.” 5. In view of the submission made by the learned counsel for the petitioner as mentioned above, W.P.(C) No.33366 of 2006 is also posted today along with W.P.(C) No.35464 of 2010. 6. Sri.Wilson Urmese, learned counsel appearing for the petitioners (Thaha P.A. and A.K.Surendran) submitted that the Writ Petition may be permitted to be withdrawn. Accordingly, W.P.(C) No.33366 of 2006 is dismissed as withdrawn. 7. In view of the withdrawal of W.P.(C) No.33366 of 2006, there is no impediment in granting the pensionary benefits to Thaha P.A., the petitioner in W.P.(C) No.35464 of 2010, even according to the submission made by the learned counsel appearing for the University and which was recorded in the order dated 15.12.2010. After having heard the learned counsel for the petitioner and W.P.(C) NOS.35464 OF 2010 AND 33366 OF 2006 :: 5 :: the learned counsel appearing for the respondents, W.P.(C) No.35464 of 2010 is disposed of as follows: (i) The first respondent shall disburse all the pensionary benefits due to the petitioner within a period of three months from today. (ii) Any liability to be discharged by the petitioner can be deducted by the first respondent from the amount payable to the petitioner as aforesaid. However, before fixing the liability, an effective opportunity of being heard should be afforded to the petitioner by the first respondent. (iii) If the terminal benefits payable to the petitioner as aforesaid are paid within three months from today, the first respondent would not be liable to pay interest to the petitioner. However, if the first respondent fails to pay the amount or part of the amount within the aforesaid period, the defaulted amount will carry interest at 12% per annum from the date of retirement, namely, 30.3.2008, till the date of payment. W.P.(C) NOS.35464 OF 2010 AND 33366 OF 2006 :: 6 :: (iv) Any amount already paid to the petitioner towards the pensionary benefits can be deducted from the total sum payable as DCRG to the petitioner. (K.T.SANKARAN) Judge ahz/