Kerala High Court
Sabu Peter vs The Kerala State Road Transport ... on 21 December, 2023
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
1945
WP(C) NO. 39493 OF 2023
PETITIONER/S:
SABU PETER
AGED 57 YEARS
S/O.MATHEW POTHEN, ANICKAL HOUSE, KADAMURI,
PARIYARAM.P.O., VAKATHANAM, (DRIVER, KERALA STATE ROAD
TRANSPORT CORPORATION, RETIRED ON 31.05.2022 FROM
KOTTAYAM DEPOT), PIN - 686021.
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENT/S:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, THIRUVANANTHAPURAM, PIN - 695023.
2 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023.
3 THE FINANCIAL ADVISOR & THE CHIEF ACCOUNTS OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023.
4 THE EXECUTIVE DIRECTOR (ADMINISTRATION)
KERALA STATE ROAD TRANSPORT CORPORATION,
THIRUVANANTHAPURAM, PIN - 695023.
5 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION)
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023.
6 THE ADMINISTRATIVE OFFICER, BUDGET SECTION
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023.
7 THE DISTRICT OFFICER FOR KOTTAYAM
KERALA TRANSPORT CORPORATION AT CHANGANACHERRY DEPOT,
W.P(C) 39493 of 2023
2
PIN - 686101.
8 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM
DEPOT, PIN - 686001.
9 THE MANAGER
STATE BANK OF INDIA - VAKATHANAM BRANCH, KUMMANKULAM
TOWER, NJALIYAKUZHI, PONGANTHANAM ROAD, VAKATHANAM,
PIN - 686538.
10 THE CHIEF MANAGER
STATE BANK OF INDIA RASMECCC, 2ND FLOOR, MARETTE
TOWER, PALACE ROAD, CHANGANACHERRY, PIN - 686102
BY ADVS.
SRI. S.MANU
SRI. DEEPU THANKAN, SC FOR KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P(C) 39493 of 2023
3
JUDGMENT
The petitioner states that he had worked as a Driver in the Kerala
State Road Transport Corporation and attained superannuation on
31.05.2022. Being aggrieved by the non-payment of the retirement
benefits, he had approached this Court and had preferred W.P(C)
No.29689 of 2022 and by Ext P2 judgment dated 26.9.2022 directions
were issued to the respondents to sanction DCRG, CVP, Terminal Leave
Surrender and Pay Revision arrears within a period of three months.
2. The petitioner asserts that seeking to review the judgment, RP
No.1247 of 2022 was preferred and by Ext.P3 order dated 3.3.2023, this
Court had ordered that if any of the pensioners are in emergent
requirement of their pensionary benefits or in case of any distress
notice/action on account of any loan liability, they would be free to move
the Managing Director, KSRTC and directions were issued to the
respondents to honour the request within a period of two weeks.
3. The petitioner asserts that while in service he had availed a
loan from the State Bank of India, hoping to repay the same as and when
the retirement benefits are received from the Corporation. As the
respondents failed to disburse the amounts, the petitioner was not able to
make payments. On 8.11.2023, he was served with Ext.P5 notice under
W.P(C) 39493 of 2023
Section 13(2) of the SARFAESI Act demanding a sum of Rs.15,95,882/-,
being the defaulted amount. It is submitted that if the amounts are not
paid within the statutory period, the residential property of the petitioner
would be taken possession of by the bank and he and his family members
would be thrown to the street. In the said circumstances, the petitioner is
stated to have preferred Ext.P6 representation before the Chief Secretary,
seeking disbursal of the amounts due to the petitioner. He asserts that by
Ext.P7 reply, he has been informed that only a sum of Rs.1 lakh could be
paid. It is on these assertions that this writ petition is filed seeking
issuance of directions to the respondents to sanction and disburse the
pensionary benefits.
4. I have heard Sri. Justin Karippat, the learned counsel
appearing for the petitioner, who submits that the petitioner and his family
may end up in the streets as there is every likelihood that the possession
of the residential home would be taken by the Bank.
5. The learned Standing Counsel on instructions submits that
certain amounts towards DCRG as well as CVP has been disbursed and on
17.8.2022 a sum of Rs. 1,25,419/- has been disbursed. He asserts that
the balance amount due to the petitioner is Rs.6.5 lakhs.
6. The submission of the learned Standing Counsel is
W.P(C) 39493 of 2023
controverted by the learned counsel for the petitioner who submits that
not even a single paise has been paid. Be that as it may, I find that in the
instant case, the petitioner is facing recovery proceedings under the
SARFAESI Act. This fact is evident from Ext.P5. As the petitioner is facing
a threat of dispossession, the respondents are bound to disburse the
amounts in terms of the directions issued in Ext.P4 judgment.
In that view of the matter, this writ petition is ordered and the
following directions are issued:
a) There will be a direction to the respondents to
disburse the balance/eligible amount due to the petitioner,
expeditiously, in any event, within four weeks from the date of
receipt of a copy of this judgment.
b) The petitioner shall produce a copy of this writ
petition along with the judgment before the concerned
respondent to ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
W.P(C) 39493 of 2023
APPENDIX OF WP(C) 39493/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE
PETITIONER BY RESPONDENT CORPORATION.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 26.9.2022
IN W.P.(C) NO. 29689/2022 OF THIS
HONOURABLE COURT.
Exhibit P3 TRUE COPY OF THE ORDER DATED 3.3.2023 IN
R.P. NO. 1247/2022 OF THIS HONOURABLE
COURT.
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE
ORDER DATED 16.2.2023 IN R.P. NO. 1130/2022
OF THIS HONOURABLE COURT.
Exhibit P5 TRUE COPY OF THE NOTICE DATED 8.11.2023
WITH ITS COVER ISSUED BY THE 10TH
RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
27.9.2023 SUBMITTED BY THE PETITIONER
BEFORE THE CHIEF SECRETARY,
THIRUVANANTHAPURAM.
Exhibit P7 TRUE COPY OF THE LETTER NO. CH6/007246/2022
DATED 26.10.2023 SENT BY THE 2ND RESPONDENT
TO THE PETITIONER.
