M.V. Paily vs The Managing Director
2021 Latest Caselaw 801 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                      WP(C).No.31452 OF 2018(F)


PETITIONER:

               M.V. PAILY
               AGED 57 YEARS
               S/O VARGHESE,
               MALEYAKULANGARA HOUSE,
               VELLUVADI P. O,
               PIN 673 592,
               SULTHABATHERY(DRIVER KERALA STATE ROAD TRANSPORT
               CORPORATION ,
               SULTHAN BATHERY,
               RETIRED ON 31.05.2017)

               BY ADV. SRI.K.P.JUSTINE (KARIPAT)

RESPONDENTS:

      1        THE MANAGING DIRECTOR
               KERALA STATE ROAD TRANSPORT CORPORATION ,
               TRANSPORT BHAVAN,
               EAST FORT,
               THIRUVANANTHAPURAM - 695023

      2        THE EXECUTIVE DIRECTOR (ADMINISTRATION)
               KERALA STATE ROAD TRANSPORT CORPOORATION, TRANSPORT
               BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023.

      3        THE DISTRICT TRANSPORT OFFICER
               KERALA STATE ROAD TRANSPORT CORPORATION, SULTHAN
               BATHERY DEPOT.


OTHER PRESENT:

               GP-BIMAL K. NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.31452 OF 2018(F)
                                    2



                              JUDGMENT

Dated this the 8th day of January 2021

The petitioner herein has approached this Court seeking

a direction for an early disposal of Ext.P8 application, in

which he claims eligible pension. When the matter was taken

up, the learned Counsel for the the KSRTC submitted that,

the petitioner was an empanelled driver whose service was

regularised only in 2014. He retired in 2017. Hence, he is

entitled for only ex gratia pension.

2. Without making any comment on the eligibility or

on the merits of the above submission, I am inclined to

dispose of the writ petition itself with a direction to the first

respondent to take up and dispose of Ext.P8 application, as

expeditiously as possible, at any rate, within a period of one

month from the date of production of a copy of this

judgment.

The writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE

SKP/8-1 WP(C).No.31452 OF 2018(F)

APPENDIX PETITIONER'S EXHIBITS:

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

EXHIBIT P2 TRUE COPY OF THE DUTY DETAILS FROM 1993 UP TO 2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE G.O. VIDE (M.S.) NO.78/2011/TRAN. DATED 22.12.2011.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 9.7.2014.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 25.8.2014 IN WPC NO.22163/2014.

EXHIBIT P6 TRUE COPY OF THE MEMO NO.PL12/025739/2008 DATED 14.11.2014.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THE HON'BLE APEX COURT VIDE NO.18803-18806/2014 DATED 24.3.2017.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 10.8.2018.

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE