Kerala High Court
V.K.Shaji vs Kerala State Road Transport ... on 17 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE AMIT RAWAL
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021/26TH BHADRA, 1943
W.P.(C)NO.19389 OF 2021
PETITIONER:
V.K.SHAJI,
AGED 58 YEARS,
DRIVER (RETD ON 31.07.2019),
KERALA STATE ROAD TRANSPORT CORPORATION,
SUB DEPOT. PONKUNNAM,
RESIDING AT VELAMPARAMBIL (H),
PONKUNNAM P.O., KOTTAYAM DIST.,PIN-686 506
BY ADV K.P.JUSTINE (KARIPAT)(K/000355/2006)
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN,
THIRUVANANTHAPURAM-695 023
2 THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 023
3 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 023
4 THE ADMINISTRATIVE OFFICER (CASH),
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 023
5 ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
PONKUNNAM DEPOT-686 506
SRI.DEEPU THANKAN, SC - KSRTC
SRI.JIMMY GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.19389 Of 2021
2
JUDGMENT
The petitioner retired from service on 31.7.2019
from the 1st respondent as driver. Despite having
issued the pensionary benefits, salary arrears have
not been paid and in this regard, submitted a
representation dated 5.5.2021 as Ext.P2 before
respondent No.2.
2. Sri.Deepu Thankan submits that due to the
financial constraints the Corporation is facing, the
benefits are not being paid.
3. This Court every day is coming across such
type of petitions, seeking identical prayers wherein
the plight of the retired employees is being
reflected and the respondent Corporation is not
adhering to such requests with alacrity. Without
expressing anything on merits, I dispose of the writ
petition directing respondent No.2 to take a call on
the representation within a period of 45 days from
the date of receipt of the certified copy of this
W.P.(C) No.19389 Of 2021
judgment, either through virtual or physical mode,
after affording an opportunity of hearing to the
petitioner in accordance with law.
4. However, keep this writ petition pending
seeking the response from the Secretary to
Government, Transport Department, who is ordered to
be impleaded as respondent No.6. Sri.Jimmy George,
learned Government Pleader present in the court
takes notice for the 6th respondent. The plight of
the litigants are to be considered by taking into
consideration the provisions of Article 21 of the
Constitution of India. Thus directions are issued to
respondents 2 and additional 6 to file affidavit
after having due deliberation on the issue for
overcoming the financial constraints as submitted
through the counsel, Sri.Deepu Thankan, in view of
the aegis of all other similarly situated employees,
as they are unnecessarily being burdened with extra
cost of litigation much less even the respondent
corporation has also face similar brunt. Let the
W.P.(C) No.19389 Of 2021
affidavit of the 2nd and 6th respondent be filed in
this Court, within a period of 30 days, giving a
workable solution to the problems faced by the
retired employees of KSRTC.
Sd/-
AMIT RAWAL
ss JUDGE
W.P.(C) No.19389 Of 2021
APPENDIX OF WP(C) 19389/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE PENSION PASS ISSUED TO
THE PETITIONER
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
05.05.2021 SUBMITTED BY THE PETITIONER
BEFORE R2
