Kerala High Court
Sam P.D vs 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. 18979 OF 2022
PETITIONER:
SAM P.D, AGED 56 YEARS, S/O. DANIEL,
PARAKKAL HOUSE, THALANADU P.O, KOTTAYAM DISTRICT,
PIN-686580 (CONDUCTOR-KERALA STATE ROAD TRANSPORT
CORPORATION, MALA DEPOT, - RETIRED ON 30.04.2022).
BY ADV C.V.MILTON
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC
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 18979/22
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, Terminal Leave Surrender salary and the
arrears of salary.
2. Sri.C.V.Milton - learned counsel for the petitioner,
submitted that the delay caused by the KSRTC in disbursing the
eligible retiral benefits to his client has put him 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 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.
WPC 18979/22
4. Even when I hear the learned counsel for the 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.
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, Terminal Leave
Surrender salary and the arrears of 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.
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.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 18979/22
APPENDIX OF WP(C) 18979/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELIEVING ORDER NO. NO.
PL1-625/22/MALA DATED 30.04.2022 ISSUED
TO THE 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE OF THE REPRESENTATION
DATED 18.05.2022 FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE OF THE JUDGMENT IN W.P
(C) NO.19014/2022 DATED 20.06.2022.
