IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 13830 OF 2020
PETITIONER:
BABICHEN ANTONY
AGED 55 YEARS
S/O. ANTHONICHEN, PLAMOOTTIL HOUSE, MAMMOOD P.O., KOCHU ROAD,
CHANGANACHERRY, KOTTAYAM DISTRICT,PIN-686 536.
BY ADV M.P.MADHAVANKUTTY
RESPONDENTS:
1 ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANACHERRY DEPOT,
KOTTAYAM, PIN-686 101.
2 DISTRICT TRANSPORT OFFICER
KOTAYAM, PIN-686 001.
3 VEHICLE SUPERVISOR
KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANACHERRY DEPOT,
KOTTAYAM, PIN-686 101.
4 DEPUTY GENERAL MANAGER (OPERATIONS)
CHIEF OFFICE, KERALA STATE ROAD TRANSPORT CORPORATION,
THIRUVANANTHAPURAM, PIN 695 001.
5 MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM,
PIN-695 001.
6 EXECUTIVE DIRECTOR (VIGILANCE)
KERALA STATE ROAD TRANSPORT CORPORATION, HEAD OFFICE,
THIRUVANANTHAPURAM, PIN-695 023.
BY ADV SRI.DEEPU THANKAN
WP(C) NO. 13830 OF 2020
2
OTHER PRESENT:
ADV. PARVATHY K (GP )
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13830 OF 2020
3
JUDGMENT
The petitioner concedes that there was a disciplinary proceeding against him while he was working in the services of the Kerala State Road Transport Corporation (KSRTC), which culminated in Ext.P9 order imposing a punishment of barring of increments for six months and ordering the period of his suspension to be reckoned as 'Leave Without Allowances'. The petitioner says that even though ghe is accepting Ext.P9, he is entitled to eligible pensionary benefits, which has not been released to him by the competent Authority of the KSRTC until now. He therefore, prays that said Authority be directed to do so within a time frame to be fixed by this Court.
2. However, in response to the afore submissions of Sri.Anandhakrishnan Kartha - learned counsel for the petitioner, Smt.Umul Fidha - learned counsel representing the learned Standing Counsel for the KSRTC, submitted that, to her information, the entire pensionary benefits, taking note of Ext.P9, has already been disbursed to the petitioner. She added that if the petitioner has any further grievance, he can make a representation to the competent Authority, who will definitely consider it, including on the quantum, of the remaining pensionary benefits, if any. WP(C) NO. 13830 OF 2020 4
3. I must say that the afore suggestion made by Smt.Umul Fidha is the best that the petitioner can aspire in the given circumstances.
Resultantly, I order this writ petition to the limited extent of leaving liberty to the petitioner to approach the 5 th respondent - Managing Director, with an apposite representation detailing the amounts received and the balance to be obtained; and if this is done within a period of one month from the date of receipt of a copy of this judgment, same shall be considered by the said Authority, after affording him an opportunity of being heard; thus culminating in an appropriate proceeding as expeditiously as is possible, but not later than two months from the date on which such representation is received.
Needless to say, if, through the afore exercise, the petitioner is found entitled to any further pensionary benefits, same shall be disbursed to him without any avoidable delay, but not later than three months thereafter.
SD/-
DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 13830 OF 2020 5 APPENDIX OF WP(C) 13830/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 4.1.2019 BEARING NO.D1-19/19/CHRY BY THE IST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE APPEAL DATED 11.11.2019 BEFORE THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION.
EXHIBIT P3 TRUE COPY OF THE LOG SHEET DATED 4.1.2019 OF THE VEHICLE BEARING NO.RHM 324.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 13.3.2019 IN WPC NO.7516 OF 2019.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 8.4.2019 BEARING NO.APL/3041/2019 BY THE 5TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO.17054/2019 DATED 18.7.2019.
EXHIBIT P7 TRUE COPY OF THE MEMO OF CHARGES BEARING NO.V.L.E6-
01060/19 FROM THE EXECUTIVE DIRECTOR (VIGILANCE) DATED 15.6.2019.
EXHIBIT P8 TRUE COPY OF THE REPLY STATEMENT TO EXHIBIT P6 MEMO OF CHARGES.
EXHIBIT P9 TRUE COPY OF THE ABOVE ORDER BEARING NO.V.L.E6-
1060/19(VLC3) DATED 21.3.2020 FROM THE EXECUTIVE DIRECTOR (VIGILANCE).