IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 18459 OF 2022
PETITIONER:
VAMADEVAN ASARI B,
(SUPERINTENDENT, KSRTC, NEYYATTINKARA DEPOT,
RETIRED ON 31.1.2021), RESIDING AT ASWATHY, ALUVILA,
BALARAMAPURAM P.O., THIRUVANANTHAPURAM, PIN-695 501.
BY ADV.SRI.K.P.RAJEEVAN
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
FORT, THIRUVANANTHAPURAM, PIN - 695023.
2 DISTRICT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
NEYYATTINKARA DEPOT, NEYYATINKARA,
THIRUVANANTHAPURAM, PIN - 695121.
SMT. PARVATHY .K-GP
SRI.DEEPU THANKAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18459 OF 2022
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JUDGMENT
The petitioner seeks that the amount of Commuted Value Of Pension eligible to him be directed to be paid by the Kerala State Road Transport Corporation (KSRTC) - the services of which he had retired from on attaining superannuation, within a time frame to be fixed by this Court.
2. Smt.Umul Fidha - learned counsel representing the learned Standing Counsel for the KSRTC, submitted that the afore request of the petitioner, as made by his learned counsel - Sri.K.P.Rajeevan, has not been acceded to by the KSRTC until now because there are liabilities against him from Banks and other institutions. She submitted that, however, if this Court is nevertheless inclined to order so, the KSRTC is willing to abide by the same.
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3. I am certain that the afore contentions of the KSRTC cannot appeal to me, because it is now well settled, without requirement for any expatiation, that no recovery can be allowed from Commuted Value of Pension. This is more so in this case because the KSRTC do not say that there are liabilities due to them from the petitioner, but that he owes money to others.
4. In the afore circumstances, I direct the KSRTC to disburse the eligible Commuted Value of Pension, along with all other retiral benefits to the petitioner, as expeditiously as is possible, but not later than 45 days from the date of receipt of a copy of this judgment.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 18459 OF 2022 -4- APPENDIX OF WP(C) 18459/2022 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF 1ST TO 3RD PAGES OF PENSION PAYMENT ORDER.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 08.08.2012 IN WP(C) NO. 17517 OF 2012. RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE