IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 19753 of 2009(L) -------------------------- PETITIONER(S): --------------- P.J.MATHAI, PUNAKUZHIYIL HOUSE, PUTHUSSERRY ROAD, TRIPUNITHURA ERNAKULAM DIST. BY ADV. SRI.R.MURALIDHARAN (AROOR) RESPONDENT(S): --------------- 1. SREE SANKARACHRYA UNIVERSITY OF SANSKRIT, KALADY, ERNAKULAM DIST. REP. BY THE VICE CHANCELLOR. 2. THE REGISTRAR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, ERNAKULAM DIST. 3. M.G.UNIVERSITY, KOTTAYAM REP.BY THE VICE CHANCELLOR. 4. THE REGISTRAR, M.G.UNIVERSITY, KOTTAYAM. 5. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT TRIVANDRUM. ADV. SRI.P.K.VIJAYAMOHANAN,SC,SANKARACHA.UTY FOR R1-2 SRI. T.A. SHAJI, S.C. GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 19753/2009. -------------------------------------------------------------------- EXT.P1 TRUE COPY OF LETTER DT. 21-4-2008. EXT.P2 REMINDER DT. 28-5-2008. EXT.P3 REMINDER DT. 10-9-2008. EXT.P4 REPLY DT. 9-12-2008. EXT.P5 DISCHARGE SUMMARY OF PETITIONER. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 19753 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th day of February, 2010. J U D G M E N T The petitioner retired as Assistant Registrar from the 1st respondent-University. Prior to joining the 1st respondent- University, the petitioner was an employee of the 3rd respondent- University. The petitioner's grievance in this writ petition is that although he retired from the service of the 1st respondent on 31-5- 2008, retirement benefits due to him have not been disbursed to him so far and the 3rd respondent did not remit the pro-rata pension contribution to the 1st respondent in spite of repeated requests. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(a) Issue a writ of mandamus or any other appropriate writ, order or direction to the 3rd & 4th respondents to transfer the prorate pension contribution to the 1st respondent so as enable the disbursement of the DCRG and service pension to the petitioner with direction to the 1st respondent to disburse the same immediately together with interest @ 12% p.a. from the date of retirement, on such transfer by the 3rd respondent. (b) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to re-consider Ext. P1 to P3 requests by the 2nd respondent and do the necessary in accordance with law.” 2. The 3rd respondent-University has filed a statement contending that they are not liable to pay pension contribution in respect of the service of the petitioner with them in view of Annexure A Government Order, which has been adopted by the University by Annexure B. It is also pointed out that the 1st respondent-University has also adopted Annexure A Government Order by Order W.P.C. No. 19753/2009. -: 2 :- No.Ad.B.9828/SSUS/05 dated 20-1-2010. 3. Counsel for the petitioner would now submit that in view of the said order of the 1st respondent-University, the 1st respondent cannot now insist on payment of pro-rata pension contribution by the 3rd respondent-University for disbursing retirement benefits due to the petitioner. Counsel for the petitioner further submits that in the above circumstances, the 3rd respondent-University may be directed to forward the service book of the petitioner for the period of service with the 3rd respondent to the 1st respondent to enable the 1st respondent to finalise and disburse the retirement benefits due to the petitioner and to direct the 1st respondent to disburse to the petitioner, the retirement benefits due to him, expeditiously. 4. I have heard all parties in detail. 5. In view of the fact that the 1st respondent-University has also adopted Annexure A Government Order produced by the 1st respondent-University, they cannot now insist on the 3rd respondent paying pro-rata contribution by the 3rd respondent-University for the purpose of reckoning the period of service with the 3rd respondent University for computing the retirement benefits due to the petitioner from the 1st respondent-University. In the above circumstances, the writ petition is disposed of with the following directions: The 3rd respondent-University shall, within two weeks from the date of receipt of a copy of this judgment, forward the service book of the petitioner for the period of service with them to the 1st respondent-University. On receipt of the same, the 1st respondent- University shall finalise the payment of retirement benefits due to the W.P.C. No. 19753/2009. -: 3 :- petitioner taking into account the petitioner's service with 3rd respondent -University also, and disburse the same to the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of the service book of the petitioner from the 3rd respondent-University. However, I make it clear that the above would be subject to recovery of liabilities due from the petitioner, if any. The petitioner prays for a direction to the 1st respondent to pay to him interest on the delayed payment of retirement benefits. In the facts and circumstances of the case, I am not inclined to direct payment of interest. Sd/- S. Siri Jagan, Judge. Tds/