Kerala High Court
M.Rajudheen vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 21133 OF 2018
PETITIONER:
M.RAJUDHEEN
AGED 58 YEARS
S/O.MEERA SAHIB, WORKING AS DRIVER (RETD),KERALA
STATE ROAD TRANSPORT CORPORATION,PATHANAPURAM DEPOT
AND RESIDING AT VATTAVILA VEDU,MARROR PO,
ELAMANNOOR VIA, PATHANAMTHITTA-691 524.
BY ADV SRI.N.UNNIKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT,TRANSPORT (A) DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2 KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695
023,REPRESENTED BY THE CHAIRMAN & MANAGING
DIRECTOR.
3 DEPUTY CHIEF ACCOUNTS OFFICER
PENSION AND AUDIT SECTION, TRANSPORT BHAVAN,FORT,
THIRUVANANTHAPURAM-695 023.
4 THE ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD, TRANSPORT
CORPORATION,PATHANAPURAM-689 695.
BY ADV DEEPU THANKAN
SRI.BIMAL.K.NATH, SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.21133 OF 2018
2
JUDGMENT
The present Writ Petition is filed by the petitioner, who
retired as driver from the KSRTC. He claims that he claims
that he had got 9 years and 28 days as service which is liable
to be rounded off as ten years in terms of Rule 57 Part III
KSR. The relief sought for is to declare that he is entitled to
get minimum pension from 01.05.2017 with arrears within a
reasonable time.
2. Today, when the matter is taken up for
consideration, there is an affidavit filed on behalf of
respondents 2 to 4 by the Deputy Law Officer in which
Ext.R2(a) order of sanctioning pension is produced. A perusal
of the said order which shows that the petitioner has been
sanctioned with a pension of Rs.4,500/- and a DCRG of
Rs.1,21,630/-. It is his specific averment in paragraph 3 of
the said affidavit that the arrears of pension had also be paid
to him subsequently.
WP(C) NO.21133 OF 2018
In the above facts and circumstances of the case, I close
this Writ Petition leaving open liberty to the petitioner to move
the 2nd respondent if he has any subsisting grievance with
regard to the payment of arrears of pension.
The Writ Petition is ordered accordingly. No order as to costs.
Sd/-EASWARAN.S,
JUDGE
lsn
WP(C) NO.21133 OF 2018
APPENDIX OF WP(C) 21133/2018
PETITIONER EXHIBITS
EXHIBIT P1 : A TRUE COPY OF MEMORANDUM NO.E1-
347/99/ADR DATED 24-2-1999
EXHIBIT P2 : A TRUE COPY OF THE ADVICE MEMO
NO.RIB(2)46357/R DVR/KSRTC/07/2189
DATED 15-1-2008.
EXHIBIT P3 : A TRUE COPY OF MEMO E1.240/09/ADR
DATED 31-3-2009
EXHIBIT P4 : A TRUE COPY OF MEMORANDUM
NO.E1/1668/17/PTPM DATED 30-4-2017.
EXHIBIT P5 : A TRUE COPY OF JUDGMENT IN
WPC.NO.25502/2017(K) DATED 2-8-2017.
EXHIBIT P6 : A TRUE COPY OF LETTER NO.PA
3/25502/2017/WPC. DATED 30-8-2017.
EXHIBIT P7 : A TRUE COPY OF LETTER
NO.PA3/23289/15/WPC DATED 8-4-2016
EXHIBIT P8 : A TRUE COPY OF REPRESENTATION DATED 2-
6-2018.
EXHIBIT P9 : A TRUE COPY OF CT HEAD PLAIN DATED 14-
11-2017 ISSUED BY THE HOSPITAL.
ANNEXURE A10 : A TRUE COPY OF REFERRAL OP NO.9841
DATED 26-3-2018.
RESPONDENT EXHIBITS
EXHIBIT R2-(A) A true copy of the order
No.PA4/040430/18 dated 20/12/2018
issued by the Personnel Officer
(Pension)
TRUE COPY
P.A TO JUDGE
LSN
