Kerala High Court
Girish.C vs Managing Director on 10 October, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) NO. 31609 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
WP(C) NO. 31609 OF 2025
PETITIONERS:
1 GIRISH.C
AGED 57 YEARS
S/O. PADMANABHA KURUP, CHETTIYAN KANDY,
ERNHIKKAL, KOZHIKODE DISTRICT, PIN - 673 303
2 SANTHOSH.M.C
AGED 57 YEARS
S/O. M.CHANDRAN PANIKKAR, NAVANEETHAM,
KONNUMMAL, CHELANNOOR P.O,
KOZHIKODE DISTRICT, PIN - 673 616
3 UNNIKRISHNAN,K.M
AGED 57 YEARS
S/O. BALAN NAIR, NADAKKAVUMEETHAL,
ARIKKULAM P.O, KOYILANDY
KOZHIKODE DISTRICT, PIN - 673 620
4 REMESH.C.P
AGED 57 YEARS
S/O. KRISHNAN, MEGHA AKKINASSERI,
CHENDAYAD, CHENDAYAD P.O, PANOOR(VIA)
KANNUR DISTRICT, PIN - 670 692
5 ABDUL JABBAR.K
AGED 57 YEARS
S/O. AHAMMED KUTTY, KAKKUCHITHARA HOUSE
ERAVANNUR P,O, NARIKKUNI,
KOZHIKODE DISTRICT, PIN - 673 585
6 SREEDHARAN.K.A
AGED 57 YEARS
S/O. ARIYAN, PRAKASHAM', MUTTIL. P. O,
WAYANAD DISTRICT, PIN - 673 121
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7 RAMESH BABU.K
AGED 57 YEARS
S/O. BALAN.K, KARATHODY HOUSE,
G.H.ROAD, CHANDA, FEROKE P.O,
KOZHIKODE DISTRICT, PIN - 673 631
8 BABU.K
AGED 57 YEARS
S/O. KRISHNAN, KOTTIYADATH HOUSE,
EDAKKULAM, KOYILANDI (VIA),
KOZHIKODE DISTRICT, PIN - 673 306
9 GOPINATHAN.K.S
AGED 57 YEARS
S/O. LATE K.N.SREEDHARAN,
VILAKKUMOOLA HOUSE KIDANGANAD, VADAKKA NAD,
PALAYAMPARAMBU P.O SUFTHAN BATHERY,
WAYANAD DISTRICT, PIN - 673579
0 AKHILESH KUMAR
AGED 57 YEARS
S/O. SREEDHARA KURUP.C.C, MANNIL HOUSE,
KOTTAHPARAMBA P,O, MUNDIKKAL THAZHAM,
KOZHIKODE DISTRICT, PIN - 673008
BY ADV SHRI.C.V.MILTON
RESPONDENTS:
1 MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT
BHAVAN, FORT. P.O. , THIRUVANANTHAPURAM, PIN - 695023
2 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT
BHAVAN, FORT. P.O,, THIRUVANANTHAPURAM, PIN - 695023
3 THE DISTRICT TRANSPORT OFFICER
KERALA STATE_ ROAD TRANSPORT CORPORATION,
KOZHIKODE, PIN - 673004
4 THE DISTRICT TRANSPORT OFFICER
KERALA STATE LO_LA TRANSPORT CORPORATION,
KANNUR, PIN - 673573
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5 THE ASSISTANT TRANSPORT OFFICER
KERALA STATE P.O TRANSPORT CORPORATION,
THOTTILPALAM KOZHIKODE DISTRICT, PIN - 673513
6 THE WORKS MANAGER
REGIONAL WORKSHOP KERALA STATE ROAD TRANSPORT
CORPORATION, KOZHIKODE, PIN - 673006
7 THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPOFT CORPORATION, SULTHAN
BATHERY WAYANAD DISTRICT, PIN - 673579
8 THE DISTRICT TRANSPORT OFFICER
KERALA STATE TROAD RANSPORT CORPORATION, KALPETTA
WAYANAD DISTRICT, PIN - 673121
BY ADV SHRI.AKHIL SURESH, SC, KERALA STATE ROAD
TRANSPORT CORPORATION KSRTC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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T.R.RAVI.J
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WP(C) No.31609 of 2025
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Dated this the 10th day of October, 2025
JUDGMENT
The prayer in this writ petition is for sanction of non-
returnable advance from the Provident Fund account of the
petitioner. There have been several writ petitions on the same
issue before this Court, which have been decided in favour of
the petitioners. The judgments in some of the cases were
challenged before a Division Bench in appeal, by the KSRTC,
and the appeals have also been disposed of in favour of the
employees. The primary reason which has weighed with the
Court is the fact that the provident fund amount entirely
belongs to the concerned employee and KSRTC has no power
or authority to retain it or divert it for any other purposes and
that as and when the owner comes forward and makes a
demand in accordance with law, the same has to be disbursed
without any delay. It is admitted that an employee can draw
up to 75% of the P.F. amount to his credit if he satisfies the
conditions prescribed under the General Provident Fund Rules.
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The petitioners claim that they have complied with all the
requirements and all that remains is sanctioning of the P.F.
advance. In Gopinathan V. KSRTC [2002 (1) KLT 774], a
learned Single Judge of this Court had issued a general order
to avoid the agony of the employees to come into Court every
time to avail a P.F. advance, which is already sanctioned. This
Court directed that the respondents shall disburse the amounts
due by way of non-refundable P.F. advance within two months
from the date of receipt of a copy of the judgment. Another
learned Judge in W.P(C). No.1060 of 2023, had directed
payment within three months from the date of receipt of a
copy of the judgment taking note of the difficulty expressed by
the KSRTC regarding paucity of funds. In one similar
judgment, the KSRTC had approached the Division Bench in
W.A. No.689 of 2023 which was disposed of, granting a further
period of two months from the date of receipt of the judgment
in the appeal for disbursing the amounts, after confirming the
direction to pay.
In view of the above said judgments, I do not find any
reason to take a different view. The writ petition is disposed of
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directing the 1st and 2nd respondents to consider the claims in
accordance with the General Provident Fund (Kerala) Rules,
2011, and disburse the amounts if the applications are in order
within three months from the date of receipt of a copy of this
judgment.
Sd/-
T.R.RAVI
JUDGE
sn
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APPENDIX OF WP(C) 31609/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE
1ST PETITIONER
Exhibit P2 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE
2ND PETITIONER
Exhibit P3 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE
3RD PETITIONER
Exhibit P4 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE
4TH PETITIONER
Exhibit P5 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE
5TH PETITIONER
Exhibit P6 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE
6TH PETITIONER
Exhibit P7 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE
7TH PETITIONER
Exhibit P8 TRUE COPY OF THE RELIEVING ORDER NO.
E1/102/2024/TSYKKDDATED 31.05.2024 ISSUED TO
THE 8TH PETITIONER
Exhibit P9 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE
9TH PETITIONER
Exhibit P10 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE
10TH PETITIONER
Exhibit P11 TRUE COPY OF THE JUDGMENT IN W.P (C)
NO.28732/2007 DATED 27.09.2007
Exhibit P12 TRUE COPY OF THE INTERIM ORDER IN W.A
NO.367/2025 DATED 09.06.2025
