Babu Xavier vs Kerala State Road Transport ...
2022 Latest Caselaw 8064 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                    WP(C) NO. 20185 OF 2022
PETITIONERS:

    1     BABU XAVIER
          (DRIVER, KSRTC, CHANGANACHERRY DEPOT, RETIRED ON
          30.04.2022), RESIDING AT KUNNEL PARAMBIL,
          KOOTHRAPPALLY P.O, KARUKACHAL, KOTTAYAM DISTRICT,
          PIN - 686540.
    2     RAJENDRAN M.S,
          (VEHICLE SUPERVISOR, KSRTC, CHANGANACHERRY DEPOT,
          RETIRED ON 31.05.2022), RESIDING AT MARUTHI BHAVAN,
          POOTHOTTA P.O, ERNAKULAM DISTRICT, PIN - 687307.
    3     SOJU GEORGE,
          (DRIVER, KSRTC, CHANGANACHERRY DEPOT, RETIRED ON
          31.05.2022), RESIDING AT MAMOOTTIL HOUSE,
          KUZHIMATTORM P.O, KOTTAYAM DISTRICT, PIN - 686533.
    4     RADHAKRISHNAN R,
          (DRIVER, KSRTC, CHANGANACHERRY DEPOT, RETIRED ON
          31.05.2022), RESIDING AT KUNNAKKUTTU PUTHENPARAMPU,
          KOTTAMURAI P.O, CHANGANACHERRY, KOTTAYAM DISTRICT,
          PIN - 686505.
    5     SHIBU PHILIP
          (DRIVER, KSRTC, CHANGANACHERRY DEPOT, RETIRED ON
          31.05.2022), RESIDING AT EDATHUMPARAMPIL,
          NEELAMPEROOR P.O, ALAPPUZHA DISTRICT, PIN - 686534.
          BY ADV 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,
          CHANGANACHERRY DEPOT, KOTTAYAM DISTRICT,
          PIN - 686101.
          SRI.DEEPU THANKAN-SC
          SMT.SHAHNAS K.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20185 OF 2022            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.

2. Sri.K.P.Rajeevan - 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, Smt.Shahnas K.P, learned counsel

representing 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 now

going through extreme financial crisis; 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 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, 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 MC/1.7

APPENDIX OF WP(C) 20185/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FREE PASS ISSUED TO THE 1ST PETITIONER.

Exhibit P2 A TRUE COPY OF THE FREE PASS ISSUED TO THE 2ND PETITIONER.

Exhibit P3 A TRUE COPY OF THE FREE PASS ISSUED TO THE 3RD PETITIONER.

Exhibit P4 A TRUE COPY OF THE FREE PASS ISSUED TO THE 4TH PETITIONER.

Exhibit P5 A TRUE COPY OF MEMO NO.E2.44(A)/2022/CHRY DATED 2.6.2022 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 13.07.2018 IN WP(C) NO. 23494 OF 2018.