Kerala High Court
M.Rajudheen vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 21133 OF 2018
PETITIONER:
M.RAJUDHEEN
AGED 58 YEARS
S/O.MEERA SAHIB, WORKING AS DRIVER (RETD),KERALA
STATE ROAD TRANSPORT CORPORATION,PATHANAPURAM DEPOT
AND RESIDING AT VATTAVILA VEDU,MARROR PO,
ELAMANNOOR VIA, PATHANAMTHITTA-691 524.
BY ADV SRI.N.UNNIKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT,TRANSPORT (A) DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2 KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695
023,REPRESENTED BY THE CHAIRMAN & MANAGING
DIRECTOR.
3 DEPUTY CHIEF ACCOUNTS OFFICER
PENSION AND AUDIT SECTION, TRANSPORT BHAVAN,FORT,
THIRUVANANTHAPURAM-695 023.
4 THE ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD, TRANSPORT
CORPORATION,PATHANAPURAM-689 695.
BY ADV DEEPU THANKAN
SRI.BIMAL.K.NATH, SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.21133 OF 2018
2
JUDGMENT
The present Writ Petition is filed by the petitioner, who retired as driver from the KSRTC. He claims that he claims that he had got 9 years and 28 days as service which is liable to be rounded off as ten years in terms of Rule 57 Part III KSR. The relief sought for is to declare that he is entitled to get minimum pension from 01.05.2017 with arrears within a reasonable time.
2. Today, when the matter is taken up for consideration, there is an affidavit filed on behalf of respondents 2 to 4 by the Deputy Law Officer in which Ext.R2(a) order of sanctioning pension is produced. A perusal of the said order which shows that the petitioner has been sanctioned with a pension of Rs.4,500/- and a DCRG of Rs.1,21,630/-. It is his specific averment in paragraph 3 of the said affidavit that the arrears of pension had also be paid to him subsequently.
WP(C) NO.21133 OF 2018 3 In the above facts and circumstances of the case, I close this Writ Petition leaving open liberty to the petitioner to move the 2nd respondent if he has any subsisting grievance with regard to the payment of arrears of pension.
The Writ Petition is ordered accordingly. No order as to costs.
Sd/-EASWARAN.S, JUDGE lsn WP(C) NO.21133 OF 2018 4 APPENDIX OF WP(C) 21133/2018 PETITIONER EXHIBITS EXHIBIT P1 : A TRUE COPY OF MEMORANDUM NO.E1- 347/99/ADR DATED 24-2-1999 EXHIBIT P2 : A TRUE COPY OF THE ADVICE MEMO NO.RIB(2)46357/R DVR/KSRTC/07/2189 DATED 15-1-2008.
EXHIBIT P3 : A TRUE COPY OF MEMO E1.240/09/ADR DATED 31-3-2009 EXHIBIT P4 : A TRUE COPY OF MEMORANDUM NO.E1/1668/17/PTPM DATED 30-4-2017. EXHIBIT P5 : A TRUE COPY OF JUDGMENT IN WPC.NO.25502/2017(K) DATED 2-8-2017. EXHIBIT P6 : A TRUE COPY OF LETTER NO.PA 3/25502/2017/WPC. DATED 30-8-2017. EXHIBIT P7 : A TRUE COPY OF LETTER NO.PA3/23289/15/WPC DATED 8-4-2016 EXHIBIT P8 : A TRUE COPY OF REPRESENTATION DATED 2- 6-2018.
EXHIBIT P9 : A TRUE COPY OF CT HEAD PLAIN DATED 14- 11-2017 ISSUED BY THE HOSPITAL. ANNEXURE A10 : A TRUE COPY OF REFERRAL OP NO.9841 DATED 26-3-2018.
RESPONDENT EXHIBITS EXHIBIT R2-(A) A true copy of the order No.PA4/040430/18 dated 20/12/2018 issued by the Personnel Officer (Pension) TRUE COPY P.A TO JUDGE LSN