Premakumari K.G vs Kerala State Road Transport ...
2022 Latest Caselaw 8516 Ker

               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. 18776 OF 2022


PETITIONERS:

    1     PREMAKUMARI K.G., RESIDING AT GOWRI COTTAGE
          MURINJAKAL P.O, KOODAL PATHANAMTHITTA DISTRICT
          - 689 693 (SUPERINTENDENT, KSRTC PATHANAPURAM
          DEPOT, RETIRED ON 28/2/2022)

    2     VENU ACHARY K, RESIDING AT CHALACHERIL THEKKETHIL
          KUDASSANAD P.O, PANDALAM PATHANAMTHITTA DISTRICT
          - 689 512 (BLACK SMITH, KSRTC CHENGANOOR DEPOT
          RETIRED ON 31/5/2022)

          BY ADV N.SASIDHARAN UNNITHAN


RESPONDENTS:

    1     KERALA STATE ROAD TRANSPORT CORPORATION KSRTC
          REP. BY THE MANAGING DIRECTOR KSRTC, TRANSPORT
          BHAVAN, FORT P.O, THIRUVANANTHAPURAM-695 023

    2     DISTRICT TRANSPORT OFFICER KSRTC,
          PATHANAPURAM DEPOT PATHANAMTHITTA DISTRICT
          - 699 696

    3     DISTRICT TRANSPORT OFFICER KSRTC,
          CHENGANOOR DEPOT PATHANAMTHITTA DISTRICT
          - 691 001

          BY ADV
          G.KEERTHIVAS
          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 18776/22
                                     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.N.Sasidharan Unnithan - 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.Keerthivas Giri, 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 18776/22

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 18776/22


                APPENDIX OF WP(C) 18776/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE PENSIONER'S PASS ISSUED
                    TO THE 1ST PETITIONER FROM THE KSRTC
Exhibit P2          TRUE COPY OF THE PENSIONER'S PASS ISSUED
                    TO THE 2ND PETITIONER FROM THE KSRTC