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. 18776 OF 2022
PETITIONERS:
1 PREMAKUMARI K.G., RESIDING AT GOWRI COTTAGE
MURINJAKAL P.O, KOODAL PATHANAMTHITTA DISTRICT
- 689 693 (SUPERINTENDENT, KSRTC PATHANAPURAM
DEPOT, RETIRED ON 28/2/2022)
2 VENU ACHARY K, RESIDING AT CHALACHERIL THEKKETHIL
KUDASSANAD P.O, PANDALAM PATHANAMTHITTA DISTRICT
- 689 512 (BLACK SMITH, KSRTC CHENGANOOR DEPOT
RETIRED ON 31/5/2022)
BY ADV N.SASIDHARAN UNNITHAN
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC
REP. BY THE MANAGING DIRECTOR KSRTC, TRANSPORT
BHAVAN, FORT P.O, THIRUVANANTHAPURAM-695 023
2 DISTRICT TRANSPORT OFFICER KSRTC,
PATHANAPURAM DEPOT PATHANAMTHITTA DISTRICT
- 699 696
3 DISTRICT TRANSPORT OFFICER KSRTC,
CHENGANOOR DEPOT PATHANAMTHITTA DISTRICT
- 691 001
BY ADV
G.KEERTHIVAS
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 18776/22
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JUDGMENT
The petitioners complain that even though several months have elapsed after their retirement from the services of the Kerala State Road Transport Corporation (KSRTC), on attaining the age of superannuation, they have not been paid their eligible retiral benefits, including DCRG, CVP and Terminal Leave Surrender salary.
2. Sri.N.Sasidharan Unnithan - learned counsel for the petitioners, submitted that the delay caused by the KSRTC in disbursing the eligible retiral benefits to his clients have put them 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.Keerthivas Giri, learned counsel representing the learned Standing Counsel for the KSRTC, submitted that the delay in disbursement of the retiral benefits to the petitioners 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 WPC 18776/22 3 Government.
4. Even when I hear the learned counsel for the KSRTC as afore, the fact remains that the retiral benefits due to the petitioners cannot be delayed ad infinitum for any reason. I am, therefore, of the firm view that they are 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 petitioners, including DCRG, CVP and Terminal Leave Surrender salary as the case may be, are disbursed to them 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 petitioners will also be released to them within a period of four months thereafter.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 18776/22
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APPENDIX OF WP(C) 18776/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PENSIONER'S PASS ISSUED
TO THE 1ST PETITIONER FROM THE KSRTC
Exhibit P2 TRUE COPY OF THE PENSIONER'S PASS ISSUED
TO THE 2ND PETITIONER FROM THE KSRTC