N. Suresh Kumar vs Kerala State Road Transport ...
2023 Latest Caselaw 8115 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945
                       WP(C) NO. 24745 OF 2023


PETITIONER:

           N. SURESH KUMAR, AGED 56 YEARS
           S/O. V.A. JANARDHANAN, EDAKURRISSI P.O.,
           KARIMPA, PALAKKAD-678597 (RETIRED AS
           DRIVER FROM THE KSRTC, MANNARKKAD UNIT).,
           PIN - 678597

           BY ADVS.
           P.R.VENKATESH
           LAKSHMI MEENAKSHI P.R.


RESPONDENTS:

    1      KERALA STATE ROAD TRANSPORT CORPORATION
           REPRESENTED BY ITS MANAGING DIRECTOR,
           TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM,
           PIN - 695001

    2      DISTRICT TRANSPORT OFFICER
           KSRTC, PALAKKAD DEPOT, PALAKKAD.,
           PIN - 678014


           SRI.DEEPU THANKAN[SC}


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 24745/23
                                     2

                            JUDGMENT

It is without doubt that this Court has issued various orders

with respect to the payment of pension in the service of the Kerala

State Road Transport Corporation (KSRTC) and certain time frames

have also been fixed, with the pensioners being directed to be

paid, in order of their date of retirement.

2. However, the petitioner in this case impels a peculiar

situation, where he asserts that unless his pensionary benefits are

disbursed to him, the marriage of his daughter - scheduled in

September 2023 - will have to be called off.

3. Taking note of the afore submission and solely for the

said reason, I deem it appropriate that the competent Authority of

the 1st respondent be directed to consider the petitioner's plea and

to decide whether at least a portion of his pensionary benefits can

be disbursed to him, however, without construing this to be a

precedent.

Resultantly, I allow this Writ Petition, ordering that the

earlier directions of this Court with respect to pension to the WPC 24745/23

employees of the KSRTC will cover the case of petitioner also; but

directing the competent Authority of the 1st respondent to hear him

and take a decision as to whether he can be paid at least a

portion of his pensionary benefits, on account of the extenuating

circumstances pleaded.

The afore shall be done and the petitioner appositely

communicated, not later than two weeks from the date of receipt

of a copy of this judgment.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                              JUDGE
 WPC 24745/23


                APPENDIX OF WP(C) 24745/2023

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE PASS ISSUED TO THE

PETITIONER FOR DRAWING PENSION AND OTHER PENSIONARY BENEFITS Exhibit P2 TRUE COPY OF REPRESENTATION DATED 24.07.2023 SUBMITTED TO THE MANAGING DIRECTOR