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2025 DAILYLAW 8601 (KER)

DR. HARIPRASAD ATHANICKAL v. STATE OF KERALA

WP(C)/30529/2024 · 2025-04-03

N Nagaresh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:28714 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 30529 OF 2024 PETITIONER: DR.HARIPRASAD ATHANICKAL, AGED 49 YEARS, S/O. A. HARIDAS, PERMANENTLY RESIDING AT 'BHAVANA' ONCHIYAM P.O, KOZHIKODE DISTRICT, PIN - 673308 NOW WORKING AS ASSISTANT PROFESSOR, DEPARTMNET OF FILM STUDIES AND VISUAL COMMNICATION, ENGLISH AND FOREIGN LANGUAGES UNIVERSITY, SECUNDARABAD, TELENGANA, PIN- 500007. BY ADVS. M.B.SHYNI RAJESH KUMAR R. V.R.ANILKUMAR SARAFUDHEEN T. ELDHOSE JOY AJITH P.C. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED THE SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, M.G.ROAD, THIRUVANANTHAPURAM, PIN - 682031 2 KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THAVAKKARA, CIVIL STATION P.O., KANNUR DISTRICT, PIN - 670002 2025:KER:28714 W.P.(C) No.30529/2024 : 2 : 3 THE DIRECTOR OF COLLEGIATE EDUCATION, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, M.G.ROAD, THIRUVANANTHAPURAM, PIN - 690001 BY ADVS. SRI.I.V.PRAMOD, SC SMT.ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28714 W.P.(C) No.30529/2024 : 3 : JUDGMENT Dated this the 3rd day of April, 2025 The petitioner has approached this Court seeking the following reliefs: “i) Issue an order of writ of mandamus or any other appropriate writ or order or direction commanding the 2nd and 3rd respondents to remit the pro-rata pension benefit to the petitioner in the account of the present employer of the petitioner in compliance with Ext.P3. ii) Issue an order setting aside Ext.P1.” 2. From the pleadings, it is seen that the petitioner had earlier filed W.P.(C) No.25320 of 2016, wherein this Court had delivered judgment dated 15.02.2019 upholding the claim of the petitioner. The respondent-Government was directed to accord necessary sanction to contribute pro-rata pension to the English and Foreign Language University in the credit of the petitioner. It was directed that needful shall be 2025:KER:28714 W.P.(C) No.30529/2024 : 4 : done within two months from the date of receipt of copy of the judgment. 3. As there is a binding judgment (Ext.P3) as of now and since the respondents have not challenged the said judgment, the writ petition is disposed of with the following directions: The 1st respondent is directed to take a decision and accord sanction to contribute pro-rata pension to the English and Foreign Language University in the credit of the petitioner, as directed by this Court in Ext.P3 judgment. A decision in this regard shall be taken within a period of two months. Depending upon the decision of the 1st respondent, the 2nd respondent shall take necessary steps to remit pro-rata pension, if the petitioner is found eligible for the benefits, within a further period of two months. Sd/- N. NAGARESH JUDGE SR 2025:KER:28714 W.P.(C) No.30529/2024 : 5 : APPENDIX OF WP(C) 30529/2024 PETITIONER'S EXHIBITS: Exhibit P1 A TRUE COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT DATED 19/06/2015 Exhibit P2 A TRUE COPY OF THE ORDER ISSUED BY THE HIGHER EDUCATION DEPARTMENT DATED 06/06/2013 Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 25320 OF 2016 DATED 15/02/2019.