Kerala High Court
Mathai P.P vs State Of Kerala on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA,
1944
WP(C) NO. 40721 OF 2022
PETITIONER:
MATHAI P.P.
AGED 57 YEARS
S/O POTHEN, PALANIKULAM THADATHIL HOUSE
MALAKALLU P.O, KASARAGOD-671532.
BY ADVS.
K.I.SAGEER
MUHAMMED YASIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC)
REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT
BHAVAN, EAST FORT THIRUVANANTHAPURAM-695023.
3 MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC)
TRANSPORT BHAVAN, EAST FORT THIRUVANANTHAPURAM-
695023.
BY ADV Deepu Thankan
SMT PARVATHY K -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.40721 OF 2022
2
JUDGMENT
The petitioner alleges that even though he was
terminated from the services of the Kerala State Road
Transport Corporation (KSRTC) as early as on 01.10.2018, his
eligible service benefits, Provident Fund and Gratuity, along
with other retiral benefits, have not been disbursed to him.
He thus prays that 2nd and 3rd respondents be directed to do
so, within a time frame to be fixed by this Court.
2. In response to the afore submissions of the petitioner,
as made by his learned counsel, Sri. Sageer Ibrahim, the
learned Standing Counsel for the KSRTC - Sri.Deepu
Thankan submitted that a counter affidavit has been filed on
record, explaining that his client is going through extreme
financial crisis; and therefore, unable to even meet the salary
and pensionary commitments to its employees. He submitted
that, therefore, at least six months time may be required to
pay off the petitioner and prayed that this be granted to the
KSRTC.
3. When I consider and evaluate the afore
submissions, it is evident that, even the counter affidavit does
not contest the claims of the petitioner, though its
WP(C) NO.40721 OF 2022
quantification has not been done as of now. I therefore, am of
the firm view that Competent Authority of the KSRTC must
hear the petitioner and quantify his benefits, including service
and pensionary, and intimate him appropriately, so that same
can then be paid within the time frame now sought for by
Sri.Deepu Thankan.
Resultantly:
a. I allow this Writ Petition and direct the Competent
Authority of the KSRTC to hear the petitioner and quantify his
eligible service and retiral benefits within a period of one
month from the date of receipt of a copy of this judgment.
b. On the quantification being so completed and
subject to the remedies of the petitioner against it, if so
required in future, the KSRTC will ensure that eligible
amounts are disbursed to the petitioner within a period of five
months thereafter.
Sd/-DEVAN RAMACHANDRAN,
JUDGE
lsn
WP(C) NO.40721 OF 2022
APPENDIX OF WP(C) 40721/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 05.07.2013 ISSUED BY THE KMC
HOSPITAL MANGALORE.
Exhibit P2 A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 09.07.2013 ISSUED BY DR. SUKU C,
ASSISTANT SURGEON, CHC PANATHADY.
Exhibit P3 A TRUE COPY OF THE REPRESENTATION
DATED 14.05.2015 SUBMITTED TO THE 3RD
RESPONDENT.
Exhibit P4 A TRUE COPY OF THE PROFORMA FOR
CATEGORY CHANGE DATED 19.03.2016.
Exhibit P5 A TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY THE CHAIRMAN, DISTRICT
DISABILITY BOARD.
Exhibit P6 A TRUE COPY OF THE ORDER DATED
01.10.2018 OF THE EXECUTIVE DIRECTOR
(ADMINISTRATION).
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
