Kerala High Court
S.Vijayan vs The Kerala State Road Transport ... on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA,
1943
WP(C) NO. 7022 OF 2021
PETITIONER/S:
1 S.VIJAYAN
AGED 57 YEARS
S/O. SIVASANKARAN NADAR, VIJAYA SADANAM,
POOVANVILA, PERUMBAZHUTHOOR P.O.
NEYYATAINKARA, THIRUVANANTHAPURAM DISTRICT 695
526.
(VEHICLE SUPERVISOR, KERALA STATE ROAD
TRANSPORT CORPORATION, NEYYATTINKARA DEPOT,
RETIRED ON 31.5.2019.)
2 T. RAMACHANDRAN ,
S/O.THANKAPPAN, KIZHAKKEMARUTHURAVILA VEEDU,
POONKODE, BHARATHINADA P.O. BALARAMAPURAM,
THIRUVANANTHAPURAM DISTRICT 695 501.
(VEHICLE SUPERVISOR, KERALA STATE ROAD
TRANSPORT CORPORATION, NEYYATTINKARA DEPOT,
RETIRED ON 31.7.2019.)
3 B.S. RADHAKRISHNAN,
S/O.S. BALAKRISHNAN NAIR, NAVANEETHAM,
MANNADIKONAM, OORUTTAMBALAM P.O.
THIRUVANANTHAPURAM 695 507,
(CONDUCTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, NEYYATTINKARA DEPOT, RETIRED ON
31.5.2019.)
BY ADV ANANDA RAJAN.N
RESPONDENT/S:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT P.O.
THIRUVANANTHAPURAM. 695 023.
WPC 7022/2021
2
2 THE DEPUTY CHIEF ACCOUNTS OFFICER,
(PENSION AND AUDIT), KERALA STATE ROAD TRANSPORT
CORPORATION, TRANSPORT BHAVAN, FORT P.O.
THIRUVANANTHAPURAM 695 023.
3 THE DISTRICT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
NEYYATINKARA 695 121.
4 THE SECRETARY,
KERALA STATE TRANSPORT WORKERS, CO OPERATIVE
SOCIETY LIMITED NO. T 133, THAMPANOOR,
THIRUVANANTHAPURAM SOCIETY LIMITED.
BY ADVS.
SRI.DEEPU THANKAN, SC, KSRTC
SRI.N.UNNIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 7022/2021
3
AMIT RAWAL, J.
------------------------
WP(C) No.7022 of 2021
----------------------------------
Dated, this the 16th day of September, 2021
JUDGMENT
On 27.07.2021, this Court passed the following order:
"When the matter was taken up, it was submitted by the
learned counsel for the petitioners that, some amount was
credited in the account of the first petitioner, however,
statement regarding the money due to the petitioner has not
been furnished. Accordingly, there will be a direction to the
KSRTC to hand over a statement evidencing the amount due
to the first petitioner within a period of three weeks from today.
Regarding the second petitioner, it is stated that,
processing of the application is almost complete and it will take
three weeks more to release the money due to him.
Accordingly, release the money. Second petitioner shall also
be furnished with a copy of his statement. Regarding the third
respondent, it is submitted by the learned counsel for the
KSRTC that the processing of this application may take some
time. In the meanwhile, KSRTC shall also explain whether
amounts have been deducted from the salary of petitioner
Nos.1, 2 and 3 to be paid to respondent No.4/society ."
2. It is submitted on behalf of the petitioners that the
learned counsel for the petitioners has some personal difficulty.
However, Adv.Deepu Thankan, learned Standing Counsel for the
KSRTC submitted that petitioners 2 and 3 have already been
given their dues and if there is any more, the same shall be paid
as expeditiously as possible, within a period of 45 days. As
regards first petitioner, his grievance is that he has not been paid
WPC 7022/2021
pensionary benefits on account of the fact the amount due to the
fourth respondent/society has not been paid by the KSRTC.
3. Having heard the learned counsel for the parties, this writ
petition is disposed of with a direction to the respondent-KSRTC to
pay the outstanding amounts due, if any, to writ petitioners 2 and 3
and to the first petitioner within a period of 45 days, and to the
society within a period of two months, of receipt of a certified copy of
this judgment.
Sd/-
AMIT RAWAL,
JUDGE
jg
WPC 7022/2021
APPENDIX OF WP(C) 7022/2021
PETITIONER EXHIBITS
EXHIBIT P1 (A) TRUE COPY OF PAGES 1 & 2 OF THE PENSION
PAYMENT ORDER OF THE 1ST PETITIONER.
EXHIBIT P1 (B) TRUE COPY OF PAGES 1 & 2 OF THE PENSION
PAYMENT ORDER OF THE 2ND PETITIONER.
EXHIBIT P1 (C) TRUE COPY OF PAGES 1 & 2 OF THE PENSION
PAYMENT ORDER OF THE 3RD PETITIONER.
EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED
16.2.21 FILED BY THE 1ST PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED
25.2.21 FILED BY THE 2ND PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED
25.2.21 FILED BY THE 3RD PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF CERTIFICATE ISSUED TO THE
1ST PETITIONER BY THE 3RD RESPONDENT
REGARDING RECOVERY DETAILS.
EXHIBIT P6 TRUE COPY OF CERTIFICATE ISSUED TO THE
2ND PETITIONER BY HE 3RD RESPONDENT
REGARDING RECOVERY DETAILS.
EXHIBIT P7 (A) TRUE COPY OF CERTIFICATE ISSUED TO THE
3RD PETITIONER BY THE 3RD RESPONDENT
REGARDING RECOVERY DETAILS IN RESPECT
OF BAL LOAN.
EXHIBIT P7 (B) TRUE COPY OF CERTIFICATE ISSUED TO THE
3RD PETITIONER BY THE 3RD RESPONDENT
REGARDING RECOVERY DETAILS IN RESPECT
OF EGL LOAN.
EXHIBIT P8 TRUE COPY OF JUDGMENT DT. 12.12.2006 IN
WA NO. 2060/16 OF HONBLE HIGH COURT OF
WPC 7022/2021
KERALA.
EXHIBIT P9 TRUE COPY OF COMMON JUDGMENT DT.
17.12.2019 IN WPC NO. 11788/19 AND
CONNECTED CASES OF THE HONBLE HIGH
COURT OF KERALA.
RESPONDENTS' EXHIBITS
EXHIBIT R4(A) A TRUE COPY OF LOAN APPLICATION NO.3041
DATED 25.4.2013 OF THE FIRST
PETITIONER.
EXHIBIT R4(B) A TRUE COPY OF CERTIFICATE OF SALARY
LIABILITY AND MEMBERSHIP IN CO-
OPERATIVE DATED 24.4.2013 IN RESPECT OF
THE FIRST PETITIONER ISSUED BY THE UNIT
AUTHORITY.
EXHIBIT R4(C) A TRUE COPY OF SURETY BOND DATED
17.5.2013 EXECUTED BY THE FIRST
PETITIONER AND SURETIES.
EXHIBIT R4(D) A TRUE COPY OF CONSENT LETTER DATED
17.5.2013 GIVEN BY THE FIRST PETITIONER
EXHIBIT R4(E) A TRUE COPY OF LOAN APPLICATION OF
SECOND PETITIONER
EXHIBIT R4(F) A TRUE COPY OF CERTIFICATE OF SALARY
LIABILITY AND MEMBERSHIP IN COOPERATIVE
DATED 15.11.2010 IN RESPECT OF THE
SECOND PETITIONER ISSUED BY THE UNIT
AUTHORITY.
EXHIBIT R4(G) A TRUE COPY OF SURETY BOND DATED
25.11.2010 EXECUTED BY THE SECOND
PETITIONER.
EXHIBIT R4(H) A TRUE COPY OF HTE CONSENT LETTER DATED
23.12.2010 GIVEN BY THE SECOND
PETITIONER.
EXHIBIT R4(I) A TRUE COPY OF LOAN APPLICATION DATED
WPC 7022/2021
25.4.2013 OF THIRD PETITIONER
EXHIBIT R4(J) A TRUE COPY OF CERTIFICATE OF SALARY
LIABILITY AND MEMBERSHIP IN CO-
OPERATIVE DATED 29.4.2013 IN RESPECT OF
THE 3RD PETITIONER ISSUED BY THE UNIT
AUTHORITY.
EXHIBIT R4(K) A TRUE COPY OF SURETY BOND DATED
16.5.2013 EXECUTED BY THE THIRD
PETITIONER.
EXHIBIT R4(L) A TRUE COPY OF CONSENT LETTER DATED
16.5.2013 GIVEN BY THE THIRD PETITIONER
EXHIBIT R4(M) A TRUE COPY OF THE STATEMENT OF
ACCOUNTS IN RESPECT OF LOAN BEARING
NO.BAL-53550 AVAILED BY THE FIRST
PETITIONER.
EXHIBIT R4(N) A TRUE COPY OF STATEMENT OF ACCOUNTS IN
RESPECT OF LOAN BEARING NO.BAL-51539
AVAILED BY THE SECOND PETITIONER.
EXHIBIT R4(O) A TRUE COPY OF STATEMENT OF ACCOUNTS IN
RESPECT OF LOAN BEARING NO.BAL-53544
AVAILED BY THE THIRD PETITIONER.
EXHIBIT R4(P) A TRUE COPY OF STATEMENT OF ACCOUNTS IN
RESPECT OF EMERGENCY LOAN NO.EGL-75334
AVAILED BY THE THIRD PETITIONER.
