Vamadevan Asari B vs Kerala State Road Transport ...
2022 Latest Caselaw 6870 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                       WP(C) NO. 18459 OF 2022
PETITIONER:

          VAMADEVAN ASARI B,
          (SUPERINTENDENT, KSRTC, NEYYATTINKARA DEPOT,
          RETIRED ON 31.1.2021), RESIDING AT ASWATHY, ALUVILA,
          BALARAMAPURAM P.O., THIRUVANANTHAPURAM, PIN-695 501.

          BY ADV.SRI.K.P.RAJEEVAN



RESPONDENTS:

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

    2     DISTRICT TRANSPORT OFFICER,
          KERALA STATE ROAD TRANSPORT CORPORATION,
          NEYYATTINKARA DEPOT, NEYYATINKARA,
          THIRUVANANTHAPURAM, PIN - 695121.

          SMT. PARVATHY .K-GP
          SRI.DEEPU THANKAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18459 OF 2022
                                 -2-

                              JUDGMENT

The petitioner seeks that the amount of

Commuted Value Of Pension eligible to him be

directed to be paid by the Kerala State Road

Transport Corporation (KSRTC) - the services of

which he had retired from on attaining

superannuation, within a time frame to be fixed by

this Court.

2. Smt.Umul Fidha - learned counsel

representing the learned Standing Counsel for the

KSRTC, submitted that the afore request of the

petitioner, as made by his learned counsel -

Sri.K.P.Rajeevan, has not been acceded to by the

KSRTC until now because there are liabilities

against him from Banks and other institutions. She

submitted that, however, if this Court is

nevertheless inclined to order so, the KSRTC is

willing to abide by the same.

WP(C) NO. 18459 OF 2022

3. I am certain that the afore contentions of

the KSRTC cannot appeal to me, because it is now

well settled, without requirement for any

expatiation, that no recovery can be allowed from

Commuted Value of Pension. This is more so in this

case because the KSRTC do not say that there are

liabilities due to them from the petitioner, but

that he owes money to others.

4. In the afore circumstances, I direct the

KSRTC to disburse the eligible Commuted Value of

Pension, along with all other retiral benefits to

the petitioner, as expeditiously as is possible,

but not later than 45 days from the date of

receipt of a copy of this judgment.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 18459 OF 2022

APPENDIX OF WP(C) 18459/2022

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF 1ST TO 3RD PAGES OF PENSION PAYMENT ORDER.

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 08.08.2012 IN WP(C) NO. 17517 OF 2012.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE