Davis P.V vs The Kerala State Road Transport ...
2022 Latest Caselaw 8617 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. 21120 OF 2022

PETITIONERS:

     1         DAVIS P.V.
               AGED 56 YEARS
               S/O. VARUTHUNNY, PARIYADAN HOUSE, PULIYANAM P.O, ERNAKULAM
               DISTRICT, PIN-683572 (DRIVER-KERALA STATE ROAD TRANSPORT
               CORPORATION, ANKAMALY DEPOT, - RETIRED ON 28.02.2022).

     2         AVARACHAN C.V.
               AGED 56 YEARS
               S/O. VARGHESE, CHAKKATTIL HOUSE, ANKAMALY, ANKAMALY.P.O,
               ERNAKULAM DISTRICT, PIN-683572 (DRIVER-KERALA STATE ROAD
               TRANSPORT CORPORATION, ANKAMALY DEPOT, - RETIRED ON
               28.02.2022).

     3         SAVY GEORGE
               AGED 56 YEARS
               S/O. GEORGE, THZHUTHEDATH HOUSE, KUTHUKUZHI.P.O KOTHAMANGALAM,
               ERNAKULAM DISTRICT, PIN-686691 (INSPECTOR-KERALA STATE ROAD
               TRANSPORT CORPORATION, KOTHAMANGALAM DEPOT, - RETIRED ON
               30.04.2022).

               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, ANKAMALY - 683572.

     4         THE ASSISTANT TRANSPORT OFFICER
               KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM -
               686666.
 WP(C) NO. 21120 OF 2022

                                     2



            BY ADV ALEX ANTONY SEBASTIAN P.A.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21120 OF 2022

                                      3




                               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, 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 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. WP(C) NO. 21120 OF 2022

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/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 21120 OF 2022

APPENDIX OF WP(C) 21120/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELIEVING ORDER NO. E1-

100/2022/PBVR DATED 28.02.2022 ISSUED TO THE PETITIONERS 1 AND 2.

Exhibit P2 TRUE COPY OF THE RELIEVING ORDER NO. E1-

1006/2022/KMGM DATED 30.04.2022 ISSUED TO THE 3RD PETITIONER.

Exhibit P3 TRUE COPY OF THE OF THE REPRESENTATION DATED 18.04.2022 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE OF THE REPRESENTATION DATED 18.04.2022 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE OF THE REPRESENTATION DATED 16.05.2022 FILED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT.