IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 18979 OF 2022
PETITIONER:
SAM P.D, AGED 56 YEARS, S/O. DANIEL,
PARAKKAL HOUSE, THALANADU P.O, KOTTAYAM DISTRICT,
PIN-686580 (CONDUCTOR-KERALA STATE ROAD TRANSPORT
CORPORATION, MALA DEPOT, - RETIRED ON 30.04.2022).
BY ADV C.V.MILTON
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, FORT. P.O, THIRUVANANTHAPURAM - 695023.
2 THE DEPUTY CHIEF ACCOUNTS OFFICER (P&A)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT. P.O,
THIRUVANANTHAPURAM - 695023.
3 THE ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
MALA - 680732.
BY ADV
ALEX ANTONY SEBASTIAN P.A.
SRI DEEPU THANKAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 18979/22
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JUDGMENT
The petitioner complains that even though several months have elapsed after his retirement from the services of the Kerala State Road Transport Corporation (KSRTC), on attaining the age of superannuation, he has not been paid his eligible retiral benefits, including DCRG, CVP, Terminal Leave Surrender salary and the arrears of salary.
2. Sri.C.V.Milton - learned counsel for the petitioner, submitted that the delay caused by the KSRTC in disbursing the eligible retiral benefits to his client has put him in extreme prejudice; and prayed that it be directed to be paid within a time frame to be fixed by this Court.
3. In response, Sri.Alex Antony Sebastian P.A., learned counsel representing the learned Standing Counsel for the KSRTC, submitted that the delay in disbursement of the retiral benefits to the petitioner is partly on account of the fact that the KSRTC is going through financial crisis presently; and partly because, a wage revision has been suggested by it, which is now pending before the Government.
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4. Even when I hear the learned counsel for the KSRTC as afore, the fact remains that the retiral benefits due to the petitioner cannot be delayed ad infinitum for any reason. I am, therefore, of the firm view that he is entitled to the relief.
Resultantly, I order this Writ Petition and direct the competent among respondents to ensure that the retiral benefits eligible to the petitioner, including DCRG, CVP, Terminal Leave Surrender salary and the arrears of salary, as the case may be, are disbursed to him within a period of three months from the date of receipt of a copy of this judgment, notwithstanding whether the revision as sought for by the KSRTC is allowed by the Government or otherwise.
Needless to say, if any such revision is allowed by the Government in future, then the concomitant additional benefits eligible to the petitioner will also be released to him within a period of four months thereafter.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 18979/22
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APPENDIX OF WP(C) 18979/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELIEVING ORDER NO. NO.
PL1-625/22/MALA DATED 30.04.2022 ISSUED TO THE 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE OF THE REPRESENTATION DATED 18.05.2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE OF THE JUDGMENT IN W.P (C) NO.19014/2022 DATED 20.06.2022.