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Lucy Sebastian vs The Deputy Director
2024 Latest Caselaw 14041 Ker

Citation : 2024 Latest Caselaw 14041 Ker
Judgement Date : 28 May, 2024

Kerala High Court

Lucy Sebastian vs The Deputy Director on 28 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 38245 OF 2017            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                          WP(C) NO. 38245 OF 2017
PETITIONER/S:

               LUCY SEBASTIAN
               AGED 58 YEARS
               AGED 58 YEARS, W/O. SOLOMON, PARAYAKKATTIL HOUSE,
               THUMPOLI, ALAPPUZHA.

               BY ADV SMT.A.P.LALY @ LALY VINCENT


RESPONDENT/S:



      1        THE DEPUTY DIRECTOR
               OFFICE OF THE DEPUTY DIRECTOR, COLLEGIATE EDUCATION,
               MARKET FED BUILDING, KADAVANTHARA, ERNAKULAM - 682
               020.

      2        THE DIRECTOR
               DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN,
               THIRUVANANTHAPURAM - 695 001.

      3        THE REGISTRAR
               KERALA UNIVERSITY, THIRUVANANTHAPURAM - 695 001.

      4        THE ACCOUNTANT GENERAL
               ACCOUNTANT GENERAL'S OFFICE, THIRUVANANTHAPURAM -
               695 001.

      5        THE PRINCIPAL
               ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA - 688 001.

      6        THE PRINCIPAL SECRETARY
               HIGHER SECONDARY DEPARTMENT, SECRETARIAT,
 WP(C) NO. 38245 OF 2017           2


               THIRUVANANTHAPURAM - 695 001.

               BY ADVS.
               SRI.V.K.SUNIL, SR.GOVERNMENT PLEADER
               SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 38245 OF 2017                 3




                      P.V.KUNHIKRISHNAN, J
                    --------------------------------------
                     W.P.(C.) No. 38245 of 2017
                    --------------------------------------
                Dated this the 28th day of May, 2024



                                  JUDGMENT

The above writ petition is filed with following prayers :

"i. Issue a writ of mandamus or any other appropriate writ directing the 4th respondent to issue the order with regard to the pension of the petitioner as Assistant Professor from 01.05.2012 and expedite the issuance of the pension and other attendant benefits as per the 6th pay fixation of UGC. ii. Such other order as is deemed fit, just and proper to safeguard the best interest of the petitioners in the circumstances of the case." [sic]

2. When this writ petition came up for consideration on

25.01.2018, this Court passed the following order :

Admit.

GP takes notice for R1, R2, R4 and R6. SC takes notice for R3. Notice by speed post to R5. There will be an interim direction to the respondents to take immediate steps to disburse the pension to the petitioner

within a period of three weeks."

3. Heard the learned counsel appearing for the

University also.

4. In the light of the order dated 25.01.2018, no further

order is necessary.

Recording the order dated 25.01.2018, this writ petition

is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 38245/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE EXEMPTION ORDER NO.1279/2015 DATED 02.06.2015.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION TO THE 1ST AND 2ND RESPONDENTS.

EXHIBIT P3 TRUE COPY OF THE LETTER SENT BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT DATED 17.05.2013.


EXHIBIT P4                  TRUE COPY OF THE LETTER ISSUED BY THE 5TH
                            RESPONDENT         DATED        09.06.2014

REF.NO.375/2014 TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE LETTER NO. 58/2016 DATED 01.02.2016 FROM THE 5TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER NO.

M1/31189/2016/COLL.EDN. DATED 24.03.2017 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER NO.F.3/11745/2017/COLL.EDN.DEPT. DATED 02.05.2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE LETTER NO.PO3/5/2101779203/1017345531 DATED 17.05.2017 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATIONS FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 17.07.2017 TO THE PRINCIPAL SECRETARY.

EXHIBIT P10(A) TRUE COPY OF THE ACKNOWLEDGMENT CARD.

 
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