George Anto K vs The Kerala State Road Transport ...
2023 Latest Caselaw 10600 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945

                   WP(C) NO. 30879 OF 2023

PETITIONER:

          GEORGE ANTO K
          AGED 62 YEARS
          S/O K. P. ANTONY, RESIDING AT KANNAMPUZHA HOUSE,
          NETTISSERI P.O., THRISSUR -680651 (DRIVER, KERALA
          STATE ROAD TRANSPORT CORPORATION, THRISSUR DEPOT
          RETIRED ON 31/05/2017.

          BY ADV ANANDA RAJAN.N


RESPONDENTS:

    1     THE KERALA STATE ROAD TRANSPORT CORPORATION
          REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
          BHAVAN, FORT. P.O, THIRUVANANTHAPURAM, PIN - 695023

    2     THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER
          KERALA STATE ROAD TRANSPORT CORPORATION,
          TRANSPORT BHAVAN, FORT P.O.,
          THIRUVANANTHAPURAM -695023

    3     THE DISTRICT OFFICER
          KERALA STATE ROAD TRANSPORT CORPORATION,
          DISTRICT OFFICE, THRISSUR, PIN - 680001


          SRI. DEEPU THANKAN, SC FOR KSRTC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No.30879 of 2023

                                         2




                                    JUDGMENT

The petitioner had retired as a Driver from the Thrissur Depot of the

Kerala State Road Transport Corporation on 31/05/2017 on attaining the age

of superannuation. He has approached this Court seeking issuance of

directions to the respondents to disburse the arrears of increment and salary

in terms of the directions issued by this Court in Ext.P2 judgment.

2. When the matter is taken up for consideration, Sri. Ananda

Rajan, the learned counsel for the petitioner, points out that the petitioner

had earlier approached this Court and had preferred W.P.(C) No.12128 of

2020, seeking disbursement of arrears of salary. This Court recorded the

submission of the Standing Counsel that the eligible arrears would be paid

within three months and had disposed of the matter by judgment dated

25.9.2020. It is submitted that though three years have elapsed, the amounts

have not been disbursed. This has led the petitioner to approach this Court.

3. The learned Standing Counsel appearing for the respondents

submits that the respondents are facing financial stringency, and that has

prevented the respondents from honoring their undertaking.

4. I have considered the submissions advanced. I find absolutely W.P.(C.) No.30879 of 2023

no justification on the part of the respondents in not disbursing the amounts

due to the petitioner herein.

In that view of the matter, this petition is disposed of, directing the

respondents to forthwith take steps to disburse the arrears of increment and

salary due to the petitioner as ordered by this Court in Ext.P2 judgment. It is

made clear that if the amount is not paid as ordered within two months from

today, the same shall carry interest at the rate of 12% per annum from the

date on which the amount had become due.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

IAP W.P.(C.) No.30879 of 2023

APPENDIX OF WP(C) 30879/2023

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE MEMO NO.E1/238/17/TSR DATED 29/05/2017 RELIEVING THE PETITIONER FROM THE SERVICE OF THE CORPORATION WITH EFFECT FROM 31/05/2017

Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 25/09/2020 IN WPC 12128/2020