IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 19594 of 2011(Y) ------------------------------------------ PETITIONER(S): --------------------------- 1. P.N.SIVADASAN,S/O.LATE.NARAYANAN, AGED 58 YEARS,PANTHITHARA HOUSE,NAYARAMBALAM VILLAGE,KOCHI TALUK,ERNAKULAM DISTRICT,PIN-682 509. 2. P.A.VARGHESE,S/O.ANTHONY,AGED 58 YEARS, PARAPPILLY HOUSE,ELAMKUNNAPUZHA VILLAGE, ERNAKULAM DISTRICT,PIN-682 503. BY ADV. SRI.MAJNU KOMATH RESPONDENT(S): --------------------------- 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,COCHIN-682 022,REPRESENTED BY ITS REGISTRAR. 2. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 3. THE ACCOUNTANT GENERAL(A&E),KERALA, THIRUVANANTHAPURAM - 695 001. 4. THE DEPUTY DIRECTOR(HG)LOCAL FUND AUDIT, UNIVERSITY AUDIT WING,COCHIN UNIVERSITY CAMPUS OFFICE OF THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,KOCHI-682 022. R1 BY ADV. SRI.SURIN GEORGE IPE, SC BY ADV. SRI. S.P.ARAVINDAKSHAN PILLAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19594/2011 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LAST PAY CERTIFICATE OF THE 1ST PETITIONER. P2: COPY OF THE INFORMATION ABOUT THE LAST DRAWN SALARY OF THE 2ND PETITIONER. P3: COPY OF THE PROCEEDING NO.FIN.IV/381/P/2007-08 DTD. 14/12/2007. P4: COPY OF THE PROCEEDING NO.FIN.IV/405/P/2008-09 DTD.24/05/2008. P5: COPY OF THE STATEMENT SHOWING THE PENSIONARY BENEFITS LEGITIMATELY DUE TO THE 1ST PETITIONER. P6: COPY OF THE STATEMENT SHOWING THE PENSIONARY BENEFITS LEGITIMATELY DUE TO THE 2ND PETITIONER. P7: COPY OF THE ORDER NO.AD. A1/20843/93 DTD. 27/08/2008. P8: COPY OF THE ORDER NO.AD.A5/175/NLC/2000 DTD. 26/12/2009. P9: COPY OF THE JUDGMENT IN WPC.NO.30649/07 DTD. 02/07/08. P10: COPY OF THE JUDGMENT IN WPC.NO.11730/2010 DTD. 24/02/11. P11: COPY OF THE REQUEST DTD. 15/03/2011 SENT BY THE 1ST PETITIONER TO THE REGISTRAR. P12: COPY OF THE REQUEST DTD. 15/03/2011 SENT BY THE 2ND PETITIONER TO THE REGISTRAR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19594/2011-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5 th day of August, 2011 J U D G M E N T Both the petitioners have retired from the service of the University respectively on 30/11/2007 and 30/04/2008. The University has got a scheme for sanction of time bound Higher Grades on completion of 7, 15, 20 and 25 years of service. It appears that audit objections were raised by the Deputy Director of Local Fund Audit on the ground that the employees of the University are not in the Government service. It is pointed out that after the retirement of the petitioners, alleging that they have received excess emoluments, amounts were withheld from the Death-cum- Retirement Gratuity (D.C.R.G.). 2. It is averred in the writ petition that in view of a Judgment of this Court in W.P.(C). No.5908/2005 dated 01/02/2007 filed by a similarly placed person, objections have been withdrawn and the D.C.R.G has been disbursed. It is further pointed out that the University itself has as per Ext.P8 resolved W.P.(C). No.19594/2011 -:2:- to regularise the time bound Higher Grade to the pensioners while they were in service and to fix the pension accordingly. But, as far as the petitioners herein are concerned, the same has not been refixed or paid. Exts.P9 and P10 are another Judgments of this Court in respect of similarly placed persons wherein this Court has declared their right to receive pensionery benefits after counting the Higher Grades granted and the amounts drawn based on the grades granted. Therein, this Court has also adverted to the decision of the Syndicate to reckon the Higher Grades for the purpose of the pension and benefits were also directed to be granted. Therefore, the petitioners contend that in respect of those petitioners, the benefits have been refixed and have been disbursed also. 3. The learned Standing Counsel for the University was also heard. A counter affidavit has also been filed on their behalf. The circumstances under which the amounts have been disbursed have been W.P.(C). No.19594/2011 -:3:- detailed in the counter affidavit. Mention has also been made about resolution of the Syndicate. 4. As far as the legal position is concerned, it is already declared by this Court in the Judgments relied upon by the petitioner. Therefore, the petitioners are also entitled for similar benefits. 5. Therefore, the writ petition is disposed of directing the respondents to refix the pensionery benefits of the petitioner. There will be a direction to the University to refix the pensionery benefits including Death-cum-Retirement Gratuity and disburse the withheld amount within a period of four weeks from the date of receipt of a copy of this Judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms