K.Asoka Kumar (Ppo No.44792) vs The Kerala State Road Transport ...
2021 Latest Caselaw 11417 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

         THE HONOURABLE MR. JUSTICE SUNIL THOMAS

  THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA,
                           1943

                 WP(C).No.6174 OF 2021(V)


PETITIONERS:

     1     K.ASOKA KUMAR (PPO NO.44792)
           AGED 64 YEARS
           S/O. P.K KUTTAN, RESIDING AT KURUPPANTAZHIKOM,
           VAKKOM P.O, THIRUVANANTHAPURAM 695 308
           (ASSISTANT TRANSPORT OFFICER, KERALA STATE
           ROAD TRANSPORT CORPORATION, RETIRED ON 31-03-
           2011, FROM KILIMANOOR DEPOT) MOB NO.
           9495539051, (GETTING PENSION THROUGH THE
           ASSISTANT TRANSPORT OFFICER, KSRTC, ATTINGAL
           DEPOT)

     2     K. APPUKUTTAN,(PPO NO 44590),
           AGED 66 YEARS
           S/O. KESAVAN, RESIDING AT ADARSH NILAYAM,
           CHENGALAM SOUTH P.O, KOTTAYAM 686 022
           (CHECKING INSPECTOR, , KERALA STATE ROAD
           TRANSPORT CORPORATION, RETIRED ON 31-03-2011,
           FROM CHERTHALA DEPOT) MOB. NO. 999557303 )
           GETTING PENSION THROUGH THE DISTRICT TRANSPORT
           OFFICER, KSRTC, KOTTAYAM DEPOT)

     3     K.J DICKSON (PPO NO. 44518)
           AGED 66 YEARS
           S/O. JOHN, RESIDING AT KATTIPPARAMBIL,
           MARUTHORVATTOM P.O, 688 531 CHERTHALA
           (ASSISTANT TRANSPORT OFFICER, KERALA STATE
           ROAD TRANSPORT CORPORATION, RETIRED ON 31-3-
           2011, FROM KOLLAM DEPOT) MOB. NO.
           9846021145(GETTING PENSION THROUGH THE
           DISTRICT, TRANSPORT OFFICER, KSRTC, ALAPPUZHA
           DEPOT)
 WP(C).No.6174 OF 2021(V)   2

     4     K. MOHANA KUMAR (PPO NO. 44659)
           AGED 66 YEARS
           S/O. KOCHUKUTTY P.C, RESIDING AT
           NADUVILEZHATHU, KARALAKAM WARD, ALAPPUZHA 688
           006,(ASSISTANT TRANSPORT OFFICER, KERALA STATE
           ROAD TRANSPORT CORPORATION, RETIRED ON 31-3-
           2011, FROM CHERTHALA DEPOT) MOB NO. 9061755976
           (GETTING PENSION THROUGH THE DISTRICT
           TRANSPORT OFFICER, KSRTC, ALAPPUZHA DEPOT)

           BY ADVS.
           SRI.K.P.JUSTINE (KARIPAT)
           SRI.A.JOSEPH GEORGE (AZHIKKAKATH)

RESPONDENTS:

     1     THE KERALA STATE ROAD TRANSPORT CORPORATION
           REPRESENTED BY ITS MANAGING DIRECTOR,
           TRANSPORT BHAVAN, EST FORT, THIRUVANANTHAPURAM
           695 027

     2     THE MANAGING DIRECTOR,
           KERALA STATE ROAD TRANSPORT CORPORATION,
           TRANSPORT BHAVAN, EAST FORT,
           THIRUVANANTHAPURAM 695 027

     3     THE EXECUTIVE DIRECTOR (ADMINISTRATION)
           KERALA STATE ROAD TRANSPORT CORPORATION,
           TRANSPORT BHAVAN, EAST FORT,
           THIRUVANANTHAPURAM 695 027

     4     THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION)
           KERALA STATE ROAD TRANSPORT CORPORATION,
           TRANSPORT BHAVAN, EAST FORT,
           THIRUVANANTHAPURAM 695 027

     5     THE ASSISTANT TRANSPORT OFFICER,
           KERALA STATE ROAD TRANSPORT CORPORATION,
           ATTINGAL DEPOT 695 101

     6     THE DISTRICT TRANSPORT OFFICER,
           KERALA STATE ROAD TRANSPORT CORPORATION,
           KOTTAYAM DEPOT 686 001
 WP(C).No.6174 OF 2021(V)   3

     7     THE DISTRICT TRANSPORT OFFICER,
           KERALA STATE ROAD TRANSPORT CORPORATION ,
           ALAPPUZHA DEPOT 688 001


           SRI.T.P SAJAN, SC,KSRTC

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 08.04.2021, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C).No.6174 OF 2021(V)      4

                         JUDGMENT

Dated this the 8th day of April 2021

The petitioners who are the retired employees of the

KSRTC claiming that there is a defect in the fixation of the

monthly pension and that fitment allowance of 12% of the pre-

revised basic pension was not merged with the revised basic

pension, have approached this Court. According to them,

Ext.P10 to Ext.P13 representations are still pending before the

Managing Director.

After hearing the learned counsel for the petitioners and

the learned Standing Counsel for KSRTC, I am inclined to

dispose of the writ petition itself directing the 2 nd respondent

to take up Exts.P10 to Ext.P13 representations and to pass

appropriate orders on merits, as expeditiously as possible, at

any rate, within a period of one month from the date of receipt

of a copy of this judgment.

Sd/-

SUNIL THOMAS JUDGE LEK

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE PENSION PASS ISSUED TO THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE PENSION PASS ISSUED TO THE 3RD PETITIONER.

EXHIBIT P4 TRUE COPY OF THE PENSION PASS ISSUED TO THE 4TH PETITIONER.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES (1,10 AND 13 PAGES) OF THE ORDER NO. LR 8/043530/10 DATED 3-12-2012

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 10-11-2016 OF THE 1ST PETITIONER.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 15-06-2015 OF THE 2ND PETITIONER

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 10-03-2015 OF THE 3RD PETITIONER.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 14-03-2015 OF THE 4TH PETITIONER.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 1-3-2021 OF THE 1ST PETITIONER.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATIOND ATED 1-3-2021 OF THE 2ND PETITIONER.

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 3-3-2021 OF THE 3RD PETITIONER.

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 3-3-2021 OF THE 4TH PETITIONER.