Kerala High Court
Vinodkumar.P vs The Kerala State Road Transport ... on 3 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:66528
1
WP(C) NO. 30879 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(C) NO. 30879 OF 2024
PETITIONERS:
1 VINODKUMAR.P.
AGED 51 YEARS
S/O.VELAYUDHAN.P., CHARGEMAN (GENERAL), KERALA STATE
ROAD TRANSPORT CORPORATION, REGIONAL WORKSHOP,
KOZHIKODE, (RESIDING AT PULLIKUNNATH HOUSE,
KARANTHUR.P.O., KUNNAMANGALAM, KOZHIKODE ., PIN -
673571
2 RAJESHKUMAR.C.V
AGED 55 YEARS
CHARGEMAN AUTO, KERALA STATE ROAD TRANSPORT
CORPORATION, REGIONAL WORKSHOP, KOZHIKODE, (RESIDING AT
AMMAMVEETTIL, CHELANNUR, KOZHIKODE ., PIN - 673616
3 JAYASREE.M.C
AGED 47 YEARS
JUNIOR ASSISTANT, KERALA STATE ROAD TRANSPORT
CORPORATION, REGIONAL WORKSHOP, KOZHIKODE(RESIDING AT
MADATHIL HOUSE, MUCHUKUNNU.P.O.,KOYILANDY VIA.,
KOZHIKODE ., PIN - 673307
4 SURABI.T.
AGED 48 YEARS
ASSISTANT, KERALA STATE ROAD TRANSPORT CORPORATION,
REGIONAL WORKSHOP, KOZHIKODE, (RESIDING AT ASWATHI
HOUSE, LEELA THEATRE ROAD, MERIKKUNNU.P.O., KOZHIKODE
– 673 012 )., PIN - 673012
5 PRAMOD.K.,
AGED 55 YEARS
2024:KER:66528
2
WP(C) NO. 30879 OF 2024
BLACKSMITH, KERALA STATE ROAD TRANSPORT CORPORATION,
REGIONAL WORKSHOP, KOZHIKODE, (RESIDING AT
THAZHEPARAMBATHKATIL HOUSE, NELLIKODE.P.O., KOZHIKODE.,
PIN - 673015
6 DAISREES.N.
AGED 53 YEARS
CHARGEMAN (BLACKSMITH), KERALA STATE ROAD TRANSPORT
CORPORATION, REGIONAL WORKSHOP, KOZHIKODE, (RESIDING AT
NETTOLI HOUSE, KOLATHARA.P.O., MEENCHANDA VIA.,
KOZHIKODE ., PIN - 673655
7 MUHAMMED.K.P
AGED 50 YEARS
DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION,
PERUMBAVOOR DEPOT, (RESIDING AT KARAKKATTIL HOUSE,
CHENGARA, PATTIMATTAM.P.O., ERNAKULAM DISTRICT,, PIN -
683562
8 BIJU.K.A.,
AGED 52 YEARS
HEAD VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT
CORPORATION, PERUMBAVOOR DEPOT (RESIDING AT
KOKKARNIPARAMBIL HOUSE, MANNAM.P.O., PARAVUR NORTH,
ERNAKULAM )., PIN - 683520
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATIONN
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 ., PIN - 695023
2024:KER:66528
3
WP(C) NO. 30879 OF 2024
3 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, THIRUVANANTHAPURAM, PIN - 695023
4 THE ADMINISTRATIVE OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, THIRUVANANTHAPURAM, PIN - 695023
5 THE EXECUTIVE DIRECTOR (ADMINISTRATION),
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, THIRUVANANTHAPURAM, PIN - 695023
6 THE WORKS MANAGER
KERALA STATE ROAD TRANSPORT CORPORATION, REGIONAL
WORKSHOP – KOZHIKODE, ERANJIPALAM, KACHERI,
KOZHIKODE ., PIN - 673006
7 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, PERUMBAVOOR
DEPOT, ERNAKULAM DISTRICT, PIN - 683542
BY AdV Mahesh N - sc
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:66528
4
WP(C) NO. 30879 OF 2024
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) Call for the records leading to the case.
ii) issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
directing the respondents to sanction and
disburse the PF loans applied by the petitioners
2024:KER:66528
WP(C) NO. 30879 OF 2024
within a time frame as may be stipulated by this
Hon'ble Court.
iii) Declare that 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 is
due to the 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
2024:KER:66528
WP(C) NO. 30879 OF 2024
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 grant four months time for the Corporation to
consider and disburse the PF loans to the petitioners.
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
al/-..
2024:KER:66528
WP(C) NO. 30879 OF 2024
APPNDIX OF WP(C) 30879/2024
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
