Kerala High Court
Madhu P.A vs The Kerala State Road Transport ... on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 21944 OF 2022
PETITIONERS:
1 MADHU P.A., AGED 56 YEARS, S/O. APPUKUTTAN NAIR. P.G.,
PONNIAMKANDATH HOUSE, KAROOR P.O, MANAKULANGARA,
KODAKARA, THRISSUR DISTRICT, PIN-680684 (DRIVER-
KERALA STATE ROAD TRANSPORT CORPORATION, MALA
DEPOT, - RETIRED ON 31.05.2022).
2 THANKACHAN.K.N, AGED 56 YEARS, S/O. NARAYANAN,
KUNNEL HOUSE, MUNDAYAMPARAMBU.P.O, PAYAM (VIA) KANNUR
DISTRICT, PIN-670704 (ASSISTANT SERGEANT-KERALA STATE
ROAD TRANSPORT MALA DEPOT, - RETIRED ON 31.05.2022).
BY ADV C.V.MILTON
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, FORT. P.O, THIRUVANANTHAPURAM - 695023.
2 THE DEPUTY CHIEF ACCOUNTS OFFICER (P&A),
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT. P.O, THIRUVANANTHAPURAM - 695023.
3 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
MALA -680732.
BY ADV
ALEX ANTONY SEBASTIAN P.A.
SRI DEEPU THANKAN -SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 21944/22
2
JUDGMENT
The petitioners complain that even though several months have
elapsed after their retirement from the services of the Kerala State
Road Transport Corporation (KSRTC), on attaining the age of
superannuation, they have not been paid their eligible retiral
benefits, including DCRG, CVP and Terminal Leave Surrender salary.
2. Sri.C.V.Milton - learned counsel for the petitioners,
submitted that the delay caused by the KSRTC in disbursing the
eligible retiral benefits to his clients have 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.Alex Antony Sebastian P.A., learned
counsel representing the learned Standing Counsel for the KSRTC,
submitted that the delay in disbursement of the retiral benefits to
the petitioners 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
WPC 21944/22
Government.
4. Even when I hear the learned counsel for the KSRTC as
afore, the fact remains that the retiral benefits due to the petitioners
cannot be delayed ad infinitum for any reason. I am, therefore, of
the firm view that they are entitled to the relief.
Resultantly, I order this Writ Petition and direct the competent
among respondents to ensure that the retiral benefits eligible to the
petitioners, including DCRG, CVP and Terminal Leave Surrender
salary as the case may be, are disbursed to them 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.
Needless to say, if any such revision is allowed by the
Government in future, then the concomitant additional benefits
eligible to the petitioners will also be released to them within a
period of four months thereafter.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 21944/22
APPENDIX OF WP(C) 21944/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELIEVING ORDER NO. NO.
PL1-625/22/MALA DATED 31.05.2022 ISSUED TO
THE 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE RELIEVING ORDER NO. NO.
PL1-625/22/MALA DATED 31.05.2022 ISSUED TO
THE 2ND PETITIONER.
Exhibit P3 TRUE COPY OF THE OF THE REPRESENTATION
DATED 16.06.2022 FILED BY THE 1ST
PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE OF THE REPRESENTATION
DATED 16.06.2022 FILED BY THE 2ND
PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE OF THE JUDGMENT IN W.P
(C) NO. 19014/2022 DATED 20.06.2022.
