Ramachandran R vs Kerala State Road Transport ...
2022 Latest Caselaw 9941 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                       WP(C) NO. 28292 OF 2022
PETITIONER:

          RAMACHANDRAN R., (DRIVER, KSRTC, THRISSUR DEPOT,
          RETIRED ON 28.2.2022), RESIDING AT AYILYAM HOUSE,
          THEKKETHARA, PAZHAYANNUR.P.O, THRISSUR
          DISTRICT, PIN-680587.

          BY ADV K.P.RAJEEVAN



RESPONDENTS:

    1     KERALA STATE ROAD TRANSPORT CORPORATION KSRTC
          REPRESENTED BY ITS MANAGING DIRECTOR,
          TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695023.

    2     DISTRICT TRANSPORT OFFICER,
          KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR
          DEPOT, THRISSUR DISTRICT, PIN-680001.

          BY ADV ALEX ANTONY SEBASTIAN P.A.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28292 OF 2022
                                      2


                               JUDGMENT

The petitioner complains that even though several

months have elapsed after his retirement from the

services of the Kerala State Road Transport Corporation

(KSRTC), on attaining the age of superannuation, he has

not been paid his eligible retiral benefits, including DCRG,

CVP and Terminal Leave Surrender salary.

2. Sri.K.P.Rajeevan - learned counsel for the

petitioner, submitted that the delay caused by the KSRTC

in disbursing the eligible retiral benefits to his client has

put them in extreme prejudice; and prayed that it be

directed to be paid within a time frame to be fixed by this

Court.

3. In response, Sri.Deepu Thankan - learned

Standing Counsel for the KSRTC, submitted that the delay

in disbursement of the retiral benefits to the petitioner is

partly on account of the fact that the KSRTC is going

through financial crisis presently; and partly because, a

wage revision has been suggested by it, which is now

pending before the Government.

4. Even when I hear the learned counsel for the WP(C) NO. 28292 OF 2022

KSRTC as afore, the fact remains that the retiral benefits

due to the petitioner cannot be delayed ad infinitum for

any reason. I am, therefore, of the firm view that he is

entitled to the relief.

5. Resultantly, I order this Writ Petition and direct

the competent among respondents to ensure that the

retiral benefits eligible to the petitioner, including DCRG,

CVP and Terminal Leave Surrender salary as the case may

be, are disbursed to him within a period of three months

from the date of receipt of a copy of this judgment,

notwithstanding whether the revision as sought for by the

KSRTC is allowed by the Government or otherwise.

6. Needless to say, if any such revision is allowed by

the Government in future, then the concomitant additional

benefits eligible to the petitioner will also be released to

him within a period of four months thereafter.

After I dictated this part of the judgment,

Sri.K.P.Rajeevan prayed that the KSRTC be directed to

advert to Ext.P2 while the afore directions are complied

with.

It goes without saying that, if Ext.P2 holds the field,

then certainly, it will also be taken note of by the WP(C) NO. 28292 OF 2022

competent Authority while disbursing benefits to the

petitioner.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 28292 OF 2022

APPENDIX OF WP(C) 28292/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF FREE PASS ISSUED TO THE PETITIONER.

Exhibit P2 A TRUE COPY OF ORDER NO.2115/GL8(LR)/2022/RTC DATED 8.7.2022 ISSUED BY THE CHAIRMAN AND MANAGING DIRECTOR OF KSRTC.

Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 19.7.2022 IN WP(C) NO. 23320 OF 2022.