K.M.Joseph vs University Of Kerala on 20 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 12003 of 2003(D)


1. K.M.JOSEPH, T.C.NO. XII/1315,
                      ...  Petitioner

                        Vs



1. UNIVERSITY OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.K.SIVADASAN NAIR

                For Respondent  :SRI.M.K.CHANDRAMOHAN DAS,SC,KERALA UTY.

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :20/02/2008

 O R D E R
                      S. SIRI JAGAN, J.
               ------------------------------------
                    O.P.No. 12003 OF 2003
            ----------------------------------------
            Dated this the 20th day of February, 2008

                          JUDGMENT

The petitioner is a retired employee of the University of

Kerala. He has filed this original petition seeking the following

prayers.

“(i) to issue a writ of mandamus or any
other appropriate writ order or direction to the
respondent commanding to reckon the prior service
of the deceased employee in the Kerala Agricultural
University from 31.7.1973 to 22.10.1974 too along
with the service put in by her in the respondent
University since 23.10.1974 till 25.12.2001 for
calculation of her net qualifying service and
accordingly revise the Family Pension and death cum
retirement gratuity payable and grant the same to
the petitioner forthwith;

(ii) to issue a writ of mandamus or any
other writ order or direction directing the
respondent to pay interest at the rate of 12% on
the arrears of family pension, death cum
retirement gratuity, etc. from 1.3.2002 till the
date of payment.

(iii) to issue a writ of mandamus or any
other writ order or direction or directing the
respondent to pay interest on the amount of
Provident Fund stood at the credit of the deceased
employee in her account No.1937 for the November

O.P.No.12003/03 2

and December 20023 at the same rate of
interest paid as on 31.10.2002.

2. The learned standing counsel for the University

submits that the prior service in Agricultural University of the

petitioner can be reckoned for the purpose of fixing qualifying

service provided either the petitioner or the Agricultural

University is prepared to pay the proportionate pension

contribution to the Kerala University with compound interest at

the rate of 10%. As far as the alleged delay is concerned, the

University has filed a counter affidavit stating that there is no

delay and therefore there is no question of payment of any

interest. In the above circumstances, the original petition is

disposed of with the following directions.

The claim for interest is rejected. As far as the claim of

reckoning of past service in the Kerala Agricultural University

for the purpose of fixing the qualifying service for pension is

concerned, the University shall issue a communication to the

petitioner directing him to see that either the petitioner or the

Agricultural University pays the proportionate pension

contribution with interest to the Kerala University within a

fixed time. If the petitioner pays or causes to pay the

O.P.No.12003/03 3

proportionate pension contribution with interest, the University

shall take appropriate steps to recompute the pension and pay

the arrears within a period of three months from the date

when the proportionate pension contribution with interest is

received by the Kerala University. The communication shall

be issued within a period of one month from the date of receipt

of a copy of this judgment.

S. SIRI JAGAN, JUDGE

Acd

O.P.No.12003/03 4