Kerala High Court
Prameela.V vs The Kerala State Road Transport ... on 22 October, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) NO. 36918 OF 2024 : 1 :
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA,
1946
WP(C) NO. 36918 OF 2024
PETITIONERS:
1 PRAMEELA.V, AGED 52 YEARS
W/O.S.SANTHOSH KUMAR, SUPERINTENDENT,
KERALA STATE ROAD TRANSPORT CORPORATION,
KOLLAM DEPOT (RESIDING AT AMARIYAZHIKATH
VEEDU, THIRUMULLAVARAM.P.O., KOLLAM, PIN -
691012
2 HAZEENA.P.M, AGED 52 YEARS
SUPERINTENDENT, KERALA STATE ROAD TRANSPORT
CORPORATION, KOLLAM DEPOT ,
(RESIDING AT HAZEENA MANZIL, KERALAPURAM,
CHANDANATHOPPE.P.O., KOLLAM - 691014
3 DEEPA.R, AGED 47 YEARS
SUPERINTENDENT, KERALA STATE ROAD TRANSPORT
CORPORATION, KOLLAM DEPOT
(RESIDING AT KAILAS BHAVAN,
ADICHANALLOOR.P.O., KOLLAM - 691573
4 SARASWATHY.R., AGED 47 YEARS
ASSISTANT, KERALA STATE ROAD TRANSPORT
CORPORATION, KOLLAM DEPOT (RESIDING AT
NIRMALYAM, MALIBHAGOM, CHAVARA SOUTH,
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KOLLAM ), PIN - 691584
5 SIMI JOHN, AGED 38 YEARS
ASSISTANT, KERALA STATE ROAD TRANSPORT
CORPORATION, KOLLAM DEPOT - 691015
(RESIDING AT SIJO BHAVANAM, MANGAD.P.O.,
KOLLAM )
6 MINIMOL.S, AGED 35 YEARS
ASSISTANT, KERALA STATE ROAD TRANSPORT
CORPORATION, KOLLAM DEPOT, (RESIDING AT
SOWPARNIKA, NJARACKAL, PERINADU.P.O.,
KOLLAM, PIN - 691601
7 JIJI.T, AGED 41 YEARS
ASSISTANT STORE KEEPER,
KERALA STATE ROAD TRANSPORT CORPORATION,
THRISSUR DEPOT 680 001,
(RESIDING AT VANI VILAS, AMBALAPADI, WANDOOR,
MALAPPURAM )., PIN - 679328
8 BIGI JOSE, AGED 28 YEARS
SUPERINTENDENT, KERALA STATE ROAD TRANSPORT
CORPORATION, THRISSUR DEPOT-680 001,
(RESIDING AT CHITTILAPPILLY HOUSE,
ALAGAPPANAGAR.P.O., KANJOOPADAM,
THRISSUR - 680302
9 ROSHAN.S., AGED 43 YEARS
SPECIAL ASSISTANT, KERALA STATE ROAD TRANSPORT
CORPORATION, THRISSUR DEPOT ,
(RESIDING AT SRAMBIKKALKOTTARAM HOUSE,
OTTAPALAM, PALAKKAD- 679102
0 JINESH T. JOHNSON, AGED 44 YEARS
SPECIAL ASSISTANT, KERALA STATE ROAD TRANSPORT
CORPORATION, THRISSUR DEPOT,
(RESIDING AT THALAKKOTTUKARA HOUSE,
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OLLUKKARA.P.O., KUNNATHUMKARA,
THRISSUR., PIN - 680655
11 MAHESH KUMAR.A., AGED 52 YEARS
JUNIOR ASSISTANT, KERALA STATE ROAD TRANSPORT
CORPORATION, THRISSUR DEPOT (RESIDING AT
PUTHEN VEEDU, MANIYAR.P.O.,
PUNALUR, KOLLAM)., PIN - 691333
12 NEETHA.V.G., AGED 44 YEARS
ASSISTANT, KERALA STATE ROAD TRANSPORT
CORPORATION, THRISSUR DEPOT ,
(RESIDING AT NARANGALIL HOUSE, VIYYUR,
VIYYUR.P.O., THRISSUR )., PIN - 680010
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, FORT P O,
THIRUVANANTHAPURAM ., PIN - 695023
2 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695023
3 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS
OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695023
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4 THE ADMINISTRATIVE OFFICER, PF SECTION,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695023
5 THE EXECUTIVE DIRECTOR (ADMINISTRATION
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM- 695023
6 THE DISTRICT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
KOLLAM DEPOT, PIN - 691001
7 THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
THRISSUR DEPOT, PIN - 680001
R BY SRI.MAHESH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners are the employees of the
Kerala State Road Transport Corporation, working
in various depots. They are subscribers of
Provident Fund accounts and have submitted
applications for Provident Fund loans to meet their
current urgent needs. The details of the application
for advance from their respective PF accounts have
been narrated in the writ petition. However, it is
contended that the respondents have not so far
sanctioned PF loans to the petitioners.
Accordingly, the writ petition is filed for the
following reliefs:-
"i) Issue a writ in the nature of
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mandamus or any other appropriate
writ, order or direction directing the
respondents to sanction and disburse
the PF loans applied by the petitioners
within a time frame as may be
stipulated by this Hon'ble Court.
ii) Declare the petitioners are
entitled for PF loans without further
delay."
2. The learned Standing Counsel for
the KSRTC submits that the applications of the
petitioners for PF loans will be considered and the
amounts will be disbursed within a period of six
months. It is further submitted that the delay in
sanctioning the PF loan occurred due to the
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financial constraints of the Corporation.
3. The PF credit amounts are the
subscription from the salary of the petitioners
credited into their respective PF accounts. It is the
right of the employee having PF account to
withdraw funds from the account as loan.
Therefore, when an application for PF loan is
submitted, the same has to be considered
expeditiously and the amounts are to be disbursed
with dispatch. The financial constraints of the
employer cannot be a ground for withholding the
application and in not disbursing the amounts.
4. In the facts and circumstances of the
case, I am inclined to grant four months time for
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the Corporation to consider the applications of the
petitioners and to disburse the PF loans.
Accordingly, there will be a direction to the
competent among the respondents to consider the
applications of the petitioners for PF loans and to
disburse the amounts within a period of four
months from the date of receipt of a copy of this
judgment.
The writ petition is disposed of with the
above direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
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APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPIES OF THE DUTY PASS ISSUED TO THE
PETITIONERS
Exhibit P2 TRUE COPIES OF THE PF APPLICATIONS OF THE
PETITIONERS
Exhibit P3 TRUE COPY OF THE STATEMENT SHOWING THE
DETAILS OF THE LOANS APPLIED BY THE
PETITIONERS
