Kerala High Court
Thomas.T.P vs Kerala State Road Transport ... on 22 November, 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
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
WP(C) NO. 30992 OF 2023
PETITIONERS:
1 THOMAS.T.P
AGED 57 YEARS,
S/O PAULO,
(DRIVER, KSRTC, ANGAMALI DEPOT, RETIRED ON 31.1.2022),
RESIDING AT THALIYAN VEEDU, VATHACAUD, THURAVOOR.P.O,
ERNAKULAM DISTRICT, PIN - 683586,
2 PAUL.V.J
AGED 57 YEARS,
S/O JOSEPH,
(CONDUCTOR, KSRTC, ANGAMALI DEPOT, RETIRED ON
30.4.2022), RESIDING AT VALLOORAN HOUSE, VELLARAPPILLY
SOUTH.P.O, ERNAKULAM DISTRICT, PIN - 683580.
BY ADV K.P.RAJEEVAN
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM, PIN - 695023.
2 DEPUTY CHIEF ACCOUNTS OFFICER (PENSION)
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM, PIN - 695023.
3 THE DISTRICT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM
DISTRICT OFFICE, ALUVA, ERNAKULAM, PIN - 683101.
SRI. DEEPU THANKAN, SC FOR KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C) No.30992 of 2023
2
JUDGMENT
The petitioners state that they are retired employees of the Kerala State
Road Transport Corporation. They have approached this Court seeking the
following reliefs:
i) Issue a writ of mandamus directing the respondents to
sanction and disburse minimum monthly pension with arrears, the
amount of DCRG, Commuted Value of Pension, Leave Surrender,
benefits on account of pay revision, arrears of salary and other eligible
benefits with interest to the Petitioners immediately.
2. Sri. K.P Rajeevan, the learned counsel appearing for the
petitioners, would refer to Ext.P3 order and submit that it has been stated
clearly that those employees who retire on or after 01.01.2022 shall be
entitled to minimum pension. It is further submitted that insofar as 2nd
petitioner is concerned, it was undertaken before this Court that a sum of Rs.1
lakh would be disbursed in terms of the directions issued by a Division Bench
of this Court in Ext.P7 order.
3. The learned Standing counsel submits that insofar as the sum of
Rs. 1 lakh is concerned, the amount has been disbursed. The learned counsel
submits that the balance amount due to the petitioners can be disbursed after
a decision is passed in W.A No.700/2023.
4. Insofar as minimum pension is concerned, the learned counsel
submits that the respondents be directed to pay the amount in terms of
Ext.P3, otherwise the petitioners would be subject to serious hardship.
Having considered the submissions, I am of the opinion that the
respondents are bound to pay the minimum pension as agreed upon in Ext.P3
order.
In that view of the matter, the following directions are issued:
a) The respondents shall pay the minimum pension due to
the petitioners in terms of clause 4 of Ext.P3.
b) Insofar as the sum of Rs.1 lakh due to the 2nd petitioner
is concerned, if the same has not been paid, the same shall be paid
within a period of one month.
c) All other claims of the petitioners are left open.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 30992/2023
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF 1ST TO 3RD PAGES OF PENSION
PAYMENT ORDER OF THE 1ST PETITIONER.
Exhibit P2 A TRUE COPY OF 1ST TO 3RD PAGES OF PENSION
PAYMENT ORDER OF THE 2ND PETITIONER.
Exhibit P3 A TRUE COPY OF ORDER NO.2115/GL8(LR)/2022 -
RTC DATED 8.7.2022.
Exhibit P4 A TRUE COPY OF ORDER DATED 29.8.2002 OF THE
HON'BLE SUPREME COURT OF INDIA IN SPECIAL
LEAVE TO APPEAL (CIVIL) NOS.448-454/2002.
Exhibit P5 A TRUE COPY OF JUDGMENT DATED 20.11.2002 IN
W.A.NO.289 OF 2001 OF THE DIVISION BENCH OF
THE HON'BLE HIGH COURT OF KERALA.
Exhibit P6 A TRUE COPY OF ORDER DATED 9.4.2008 OF THE
HON'BLE SUPREME COURT OF INDIA IN CIVIL
APPEAL NO(S).5401-5407 OF 2002.
Exhibit P7 A TRUE COPY OF JUDGMENT IN R.P.NO.1131 OF
2022 AND CONNECTED CASES DATED 16.2.2023.
Exhibit P8 A TRUE COPY OF ORDER DATED 13.4.2023 IN
W.A.NO.700 OF 2023 AND CONNECTED CASES.
