Kerala High Court
Kerala State Road Transport ... vs K.Venugopal on 23 February, 2024
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
&
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WA NO. 207 OF 2024
AGAINST THE ORDER/JUDGMENT WP(C) 31635/2023 OF HIGH COURT OF KERALA
APPELLANT:
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
DEEPU THANKAN
UMMUL FIDA
LAKSHMI SREEDHAR
LEKSHMI P. NAIR
NAMITHA K.M.
VINEETHA BOSE
RESPONDENT:
K.VENUGOPAL
AGED 57 YEARS
(CONDUCTOR, KSRTC, ANGAMALI DEPOT, RETIRED ON 31.5.2022),
RESIDING AT KALARICKAL HOUSE, MANICKAMANGALAM.P.O,
KALADY, ERNAKULAM DISTRICT, PIN - 683574
SRI.K.P.RAJEEVAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO.207 OF 2024
2
JUDGMENT
Dated this the 23rd day of February, 2024
Anu Sivaraman, J.
We have heard the learned counsel appearing on either side.
2. It is submitted by the learned counsel for the appellant-KSRTC that
the turn of the petitioner for grant of the terminal benefits has not arisen
and that the direction to the appellants to disburse all retiral benefits with
6% interest was not justified.
3. We notice from the materials on record that it was in highly
emergent circumstances that the respondent, who is the petitioner in the
writ petition, had sought release of the retiral benefits, out of turn. It is
stated that Ext.P5 medical records would show that the petitioner had
serious renal issues and that his renal functions were progressively
worsening.
4. It is submitted by the learned counsel for the respondent that it was
only in such emergent circumstances that he had sought an out of turn
WA NO.207 OF 2024
payment of the retiral benefits which had been favourably considered by
the learned single Judge.
5. Having considered the contentions advanced on either side, we are
of the opinion that the direction issued by the learned single Judge for
payment of the retiral benefits within four months from the date of
receipt of a copy of the judgment was completely justified in the peculiar
facts and circumstances of the instant case.
6. It is submitted by the learned counsel for the appellants that if
amounts are paid in violation of the seniority of the date of retirement, it
will create a situation where the orders of this Court already passed in
W.A. No.611/2023 and connected cases cannot be properly followed.
7. Having considered the contentions advanced and in view of the
emergent situation pointed out by the learned counsel for the respondent,
we are of the opinion that this is a fit case where the retiral benefits
should be paid out of turn, at the earliest, to the respondent.
This writ appeal is, therefore, disposed of with a direction that the
WA NO.207 OF 2024
appellants shall make the payment of retiral benefits due to the
respondent, out of turn, within a period of two weeks from today. If the
payment is made as directed above, the amount will not carry interest.
Sd/-
ANU SIVARAMAN
JUDGE
Sd/-
C. PRATHEEP KUMAR
JUDGE
NP
