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K.G Muraleedharan v. Kerala State Road Transport Corporation

Kerala HC16 Nov 2018WP(C)/31842/2018

Case brief

AI extract

What is this about?

This is a writ petition filed by a retired KSRTC driver seeking disbursement of retirement benefits and arrears of pension. The court directed the first respondent to pay six months' arrears of monthly pension within six weeks, leaving the DCRG claim open.

What did the court decide?

Directed the first respondent to disburse arrears of monthly pension for the period from 01.01.2017 to 31.12.2017 within six weeks.

K.G Muraleedharan Vs Kerala State Road… — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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FRIDAY,THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA, 1940

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WP(C).No. 31842 of 2018

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PETITIONER:

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K.G MURALEEDHARAN AGED 58 YEARS KOTTAVATHUKKAL HOUSE, THEKKONI, KOTTAKKAD P O, PALAKKAD DISTRICT (DRIVER, PERUMBAVOOR DEPOT, RETIRED ON 31.12.2016)

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BY ADV. SRI.N.SASIDHARAN UNNITHAN

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RESPONDENTS:

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1 KERALA STATE ROAD TRANSPORT CORPORATION REP BY MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANANTHAPURAM 695 023

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2 PERSONNEL OFFICER (PENSION AND AUDIT) KSRTC,TRANSPORT BHAVAN,FORT, THIRUVANANTHAPURAM-695023

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3 DISTRICT TRANSPORT OFFICER, KSRTC,PERUMBAVOOR DEPOT,ERNAKULAM DISTRICT-683542

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SRI. T.P.SAJAN, SC, KSRTC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.31842 of 2018

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J U D G M E N T

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The petitioner, who retired from service on 31.12.2016 while working as Driver in Perumbavoor Depot of Kerala State Road Transport Corporation, has filed this writ petition under Article 226 of

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the Constitution of India, seeking a writ of mandamus commanding the respondents to disburse the entire retirement benefits flowing out of Ext.P1 order together with 10% simple interest on DCRG amount from the date of retirement till payment.

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On 1.10.2018 when this writ petition came

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up for admission, the learned Standing Counsel for KSRTC sought time to get instructions.

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matter on file and the learned Standing Counsel for

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KSRTC took notice for respondents 1 to 3. The

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learned Standing Counsel on instructions submitted

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that the petitioner had availed three loans from

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W.P.(C)No.31842 of 2018

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Palakkad District Co-operative Bank Ltd. and three

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other Co-operative Societies and the total

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liability as on the date of his retirement comes to Rs.5,86,315/-. Learned Standing Counsel sought time to file counter affidavit and accordingly the matter was adjourned.

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Today when the case is taken up for

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consideration, the learned counsel for the

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petitioner would submit that the petitioner is in

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receipt of monthly pension. The learned counsel

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would also submit that leaving open the right of

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the petitioner to challenge the recovery against

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DCRG, towards the loans availed from Palakkad

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District Co-operative Bank Ltd. and three other Cooperative Societies before appropriate authority, this writ petition may be disposed of, by directing

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the respondents to disburse the arrears of monthly

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pension payable for the period from 1.1.2017 to 31.12.2017.

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W.P.(C)No.31842 of 2018

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Learned Standing Counsel for KSRTC would

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submit that the Corporation shall disburse the arrears of pension due to the petitioner for the aforesaid period within a time limit to be fixed by this Court.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 1^st respondent to disburse the arrears of pension payable to the

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petitioner for the period from 1.1.2017 to

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31.12.2017, as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a certified copy of this judgment.

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The claim made by the petitioner for disbursal of DCRG amount is left open to be raised before appropriate authority at appropriate stage.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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ami/17.11.18

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W.P.(C)No.31842 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF ORDER DATED 26.12.2017 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

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//TRUE COPY//

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ami/ P.A.TO JUDGE

K.G Muraleedharan v. Kerala State Road Transport Corporation

Case brief

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K.G Muraleedharan v. Kerala State Road Transport Corporation

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