Kerala High Court
Babu E.V vs The Kerala State Road Transport ... on 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 36080 OF 2023
PETITIONERS:
1 BABU E.V.
AGED 56 YEARS
S/O VASU, RESIDING AT EDOOR KUNNIL VEEDU, MANALVAYAL
P.O., WAYANAD - (DRIVER, KERALA STATE ROAD TRANSPORT
CORPORATION, KALPETTA DEPOT -RETIRED ON 31/01/023),
PIN - 673579
2 SURESH P.N.
AGED 56 YEARS
S/O NARAYANAN, RESIDING AT PULIYAMPULIYIL, PALVELICHAM,
BAVALI P.O., WAYANAD - (DRIVER, KERALA STATE ROAD
TRANSPORT CORPORATION, MANANTHAVADY DEPOT - RETIRED ON
28/02/2023), PIN - 670646
3 BENOCHAN K.M.
AGED 56 YEARS
S/O MICHAEL, RESIDING AT KALAPURACKAL HOUSE, VELLUNNI
P.O., KELAKAM, KANNUR - (CONDUCTOR, KERALA STATE ROAD
TRANSPORT CORPORATION, MANANTHAVADY DEPET - RETIRECL ON
30/04/2023), PIN - 670674
4 PEEOOSE N. J.
AGED 56 YEARS
S/O JOSEPH, RESIDING AT NARIPPARAYIL HOUSE, AMBALATHODU
P.O,,KOTTIYOOR (VIA), KANNUR - (DRIVER, KERALA STATE
ROAD TRANSPORT CORPORATION, KALPETTA DEPOT - RETIRED ON
31/05/2023), PIN - 670451
5 SHAJI C.C
AGED 56 YEARS
S/O CHACKO, RESIDING AT CHERUPLAVIL, EDAVAKA P.O.,
KALLODY, MANANTHAVADY, WAYANAD - (DRIVER, KERALA STATE
ROAD TRANSPORT CORPORATION, MANANTHAVADY DEPOT -
RETIRED ON 31/05/2023), PIN - 670645
6 SATHEESHAN V.K.
AGED 56 YEARS
S/O GOVINDAN NAIR, RESIDING AT RAJEESADANAM, THARUVANA
P.O., PULAYANA, WAYANAD DISTRICT (CONDUCTOR, KERALA
STATE ROAD TRANSPORT CORPORATION, MANANTHAVADY DEPOT -
RETIRED ON 31/05/2023), PIN - 670645
7 ANSARI T.A.
AGED 56 YEARS
S/O ABDULLA, RESIDING AT THARASSERI HOUSE, THONDEMADU
P.O., KORAM, WAYANAD (CONDUCTOR, KERALA STATE ROAD
TRANSPORT CORPORATION, KALPETTA DEPOT - RETIRECL ON
WP(C) NO. 36080 OF 2023
2
31/05/2023), PIN - 670731
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 TRANSPERT CORPORATION, TRANSPERT
BHAVAN, FORT P. O., THIRUVANANTHAPURAM, PIN -
695023
3 THE DISTRICT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION, DISTRICT
OFFICE, WAYANAD, SULTHANBATHERY, WAYANAD, PIN -
673592
OTHER PRESENT:
SC SRI. DEEPU THANKAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 36080 OF 2023
3
JUDGMENT
Dated this the 28th day of June 2024
The petitioners have approached this Court for the
following reliefs:
a) to call for the records of this case;
b) to issue a Writ of Mandamus or any other appropriate writ,
order or direction directing the respondents to sanction and
disburse the Monthly Pension with arrears as on the date to all
the petitioners with arrears as on date to the petitioners
forthwith;
c) to issue a Writ of Mandamus or any other appropriate writ,
order or direction directing the respondents to disburse the
Provident Fund Closure amount due to the petitioners with
statutory interest till the date of payment immediately;
d) to issue a Writ of Mandamus or any other appropriate writ,
order or direction commanding the 1st respondent to consider
Ext. P10 representation filed by the 2nd petitioner along with
Ext. P8 Notice and Ext. P9 Demand Notice and pass orders for
releasing his pensionary benefits such as Death Cum
Retirement Gratuity (DCRG), Commuted Value of Pension (CVP)
and Terminal Leave Surrender Salary to the 2nd petitioner in
order to enable him to discharge his liability to the bank as
evidenced in Ext. P9 and P10 notices;
e) to issue a Writ of Mandamus or any other appropriate writ or
directions directing the respondents to disburse the pensionary
benefits due to the other petitioners in accordance with the
direction contained in the judgment of the Division Bench of
this Hon'ble court in W. A. No. 289/2001 from the Corpus Fund
maintained by the respondent corporation;
f) to issue such other orders or directions as this Honourable
court may deem fit and proper in the facts and circumstances
of the case including cost.
2. An interim order was passed by this Court on
30.11.2023, by which the respondents are directed to pay the
WP(C) NO. 36080 OF 2023
Provident Fund Closure amount due to the 2 nd petitioner, which
shall be disbursed within two months. Thereafter, on
01.04.2024, there was a further direction to disburse the
Provident Fund Closure amount due to petitioner Nos.1 and 3
to 7 within two months from that day.
3. The learned Standing Counsel appearing for the
respondents submits that the same would be complied with
within a period of ten days from today. This is recorded.
4. As far as the other retirement benefits are
concerned, the Division Bench of this Court in W.A.No.611 of
2023 has passed an order on 21.12.2023, directing the
respondent to keep 10% of the daily collection from January
2024 onwards any payment of the retirement benefits of the
retired employees in accordance with the directions in Writ
Appeal No.289 of 2001. It is also submitted by the learned
counsel for the respondents that the retirement benefits are
paid according to the seniority of the date of retirement.
Therefore, this Writ Petition is disposed of by the following
directions;
WP(C) NO. 36080 OF 2023
i) The Provident Fund Closure amount will be
paid within one month from today.
ii) The other retirement benefits shall be paid in
accordance with the date of retirement in
accordance with the directions issued by this
Court in Writ Appeal No.289 of 2001.
Sd/-
BASANT BALAJI
JUDGE
saap
WP(C) NO. 36080 OF 2023
APPENDIX OF WP(C) 36080/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELIEVING ORDER NO.
B1/008/23/DO WND DATED 31/01/2023 ISSUED
TO THE 1ST PETITIONER BY THE 3RD
RESPONDENT
Exhibit P2 TRUE COPY OF THE RELIEVING ORDER NO.
B1/008/23/DO WND DATED 28/02/2023 ISSUED
TO THE 2ND PETITIONER BY THE 3RD
RESPONDENT
Exhibit P3 TRUE COPY OF THE RELIEVING ORDER NO.
B1/008/23/DO WND DATED 30/04/2023 ISSUED
TO THE 3RD PETITIONER BY THE 3RD
RESPONDENT
Exhibit P4 TRUE COPY OF THE RELIEVING ORDER NO.
B1/008/23/DO WND DATED 31/05/2023 ISSUED
TO THE 4TH, 5TH, 6TH AND 7TH PETITIONERS
BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 27/09/2007
IN WP(C) 28732/2007 OF THIS HON'BLE COURT
Exhibit P6 TRUE COPY OF THE ORDER DATED 16/10/2023 IN
WP(C) 21614/2023 OF THIS HON'BLE COURT
Exhibit P7 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT DATED 07/09/2023 IN WP(C) 29322/2023
Exhibit P8 TRUE COPY OF THE NOTICE DATED 08/08/2023
RECEIVED FROM SRI. K .J. POULOSE, ADVOCATE
& NOTARY PUBLIC
Exhibit P9 TRUE COPY OF THE DEMAND NOTICE DATED
01/09/2023 TOGETHER WITH SCHEDULE A, B AND
C RECEIVED FROM THE AUTHORIZED OFFICER,
KERALA GRAMIN BANK, REGIONAL OFFICE,
KALPETTA
Exhibit P10 TRUE COPY OF THE REPRESENTATION FILED BY
THE 2ND PETITIONER BEFORE THE 1 ST
RESPONDENT
Exhibit P11 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 16/02/2023 IN R.P. NO.127/2023
RESPONDENT EXHIBITS
EXHIBIT R-1(a) true copy of the interim order of the
Division Bench in W.A, No. 611/2023 and
connected cases dated 21/12/2023
EXHIBIT R1-(b) A true copy of transaction details dated
05/02/2024
WP(C) NO. 36080 OF 2023
