Kerala High Court
Sumam.S 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
W.P.(C) NO.18076 OF 2024
PETITIONER:
SUMAM .S., AGED 65 YEARS,
(PPO NO.8133), D/O.LATE K.LAKSHMIKUTTY,
SUKUMARAMANDIRAM, KURUMANDAL, PARAVOOR.P.O.,
KOLLAM - 691 301, (THROUGH GUARDIAN SMT.SUNANDA.S.,
(SISTER OF SUMAM.S.) W/O.G.SAJEEVAN, VANAJAM,
KURUMANDAL, PARAVOOR.P.O.- ANS, ESIC HOSPITAL,
PARIPPILLY, KOLLAM DISTRICT), PIN - 691 301
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
EAST FORT, THIRUVANANTHAPURAM, PIN - 695 023
2 THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN - 695 023
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION),
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN - 695 023
4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION SECTION),
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN - 695 023
5 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
CHATHANNUR DEPOT, PIN - 691 572
2
WPC No. 18076/2024
SC SRI. AKHIL SURESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WPC No. 18076/2024
JUDGMENT
(Dated: 28th June, 2024)
The petitioner's father, late R.Sukumaran, was a Head Vehicle
Supervisor in Kerala State Road Transport Corporation (short KSRTC),
expired on 30.08.1996. After his death, his wife K.Lakshmikutty was
getting a monthly family pension, who also expired on 24.02.2013. They
have four daughters. The petitioner is the second one, a mentally
challenged person. The petitioner is now represented by her sister,
Smt.Sunanda .S, who is her guardian.
2. On behalf of the petitioner, the representations were
submitted by Smt. Sunanda .S, based on which, the respondents
sanctioned monthly pension only with effect from
01.05.2015. According to the petitioner, she is entitled to the pension
from 01.03.2013 onwards with the arrears. Since no steps were taken,
she approached this Court by filing W.P.(C) No.34358 of 2016, and this
Court, by judgment dated 30.11.2022, disposed of the writ petition
directing the competent authority to consider the matter in the light of
Ext.P10 Government Order within three months, and no steps were
taken.
3. Heard counsel on either side.
4. The respondents filed a counter affidavit, in which they
admitted that the petitioner is eligible for pension arrears from
01.03.2013 onwards and that steps are being taken to disburse the same
within two months.
Accordingly, the writ petition is disposed of, directing the
competent authority to pay the family pension to the petitioner from
01.03.2013 onwards, including the arrears, within three months from
the date of receipt of a copy of the judgment.
The writ petition is disposed of.
Sd/-
BASANT BALAJI,
JUDGE
ss
APPENDIX OF WP(C) 18076/2024
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.34358/2016 OF THIS HON'BLE COURT DATED
30.11.2022
Exhibit P2 TRUE COPY OF THE G.O.(P) NO.322/2015/FIN.
DATED 28.7.2015
Exhibit P3 TRUE COPY OF THE LETTER DATED 9.1.2023 IN
FORWARDING THE P1 JUDGMENT
Exhibit P4 TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT NO.PA 12/8133/15 DATED 30.5.2023.
Exhibit P5 TRUE COPY OF THE PENSION PAYMENT ORDER VIDE
NO.PA12/8133/15 DATED 12.6.2015
Exhibit P6 TRUE COPY OF THE LEGAL HEIR-SHIP CERTIFICATE
OBTAINED FROM THE TAHSILDAR, TALUK OFFICE,
KOLLAM ON 26.08.2023.
Exhibit P7 TRUE COPY OF THE REPLY NO.PIO/647/2023/CTNR
DATED 16.3.2024 ISSUED BY THE ASSISTANT
TRANSPORT OFFICER, KSRTC, CHATHANNUR, UNDER
THE RTI ACT.
