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James Punnoose, v. Kerala State Road Transport Corporation

Kerala HC31 Oct 2018WP(C)/35453/2018

Case brief

AI extract

What is this about?

Retired KSRTC employees filed a writ petition seeking immediate disbursement of pension and terminal benefits. The court directed the corporation to disburse benefits to petitioners who retired in 2017 within six weeks and those who retired in 2018 within eight weeks.

What did the court decide?

Direction to sanction and disburse pension and terminal benefits within six to eight weeks.

James Punnoose, 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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WEDNESDAY,THE 31ST DAY OF OCTOBER 2018 / 9TH KARTHIKA, 1940

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WP(C).No. 35453 of 2018

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PETITIONER/S:

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1 JAMES PUNNOOSE,AGED 56 YEARS (DRIVER.KSRTC CHANGANASSERY DEPOT RETIRED ON 30.4.2018), RESIDING AT KOCHIDASSERIL KURICHI P.O KOTTAYAM DISTRICT, PIN-686532.

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2 P.K.MOHANAKUMAR,(MACHANIC, KSRTC, CHANGANASSERY DEPOT, RETIRED ON 30/4/2018), RESIDING AT PERUMPUZHAKKATTU, KURICHI P.O., KOTTAYAM, PIN - 686 532.

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3 K.M.KABEER KUTTY,(CONDUCTOR, KSRTC, PONKUNNAM DEPOT, RETIRED ON 31/07/2017) RESIDING AT KULATHINKAL, ERUMELY P.O., KOTTAYAM DISTRICT, PIN - 686 509.

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4 E.D.BALAKRISHNAN NAIR,(DRIVER, KSRTC, PONKUNNAM DEPOT, RETIRED ON 30/11/2017) RESIDING AT ELAVUNKAL, CHERUVALLY P.O., MANIMALA, KOTTAYAM DISTRICT, PIN - 686 543.

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BY ADV. SRI.K.P.RAJEEVAN

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RESPONDENT/S:

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1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN FORT,THIRUVANANTHAPURAM, PIN-695023.

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2 DISTRICT TRANSPORT OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANASSERY DEPOT, CHANGANASSARY, KOTTAYAM DISTRICT, PIN - 686 101.

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3 ASSISTANT TRANSPORT OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM DEPOT, PONKUNNAM, KOTTAYAM DISTRICT, PIN - 686 506.

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BY SRI T.P.SAJAN, STANDING COUNSEL, KSRTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35453 of 2018

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JUDGMENT

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Petitioners 1 and 2, who retired from

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service on 30.04.2018 and petitioners 3 and 4,

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who retired from service on 31.07.2017 and

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30.11.2017 respectively, on attaining the age of superannuation, while holding different posts in

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various Depots of the Kerala State Road Transport Corporation, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to disburse the amount of monthly pension with arrears, Death-cum-Retirement Gratuity, Commuted Value of Pension, Staff Welfare Fund, Leave

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Surrender, Provident Fund and other eligible benefits with interest due to them, immediately.

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petitioners and also the learned Standing Counsel

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for KSRTC, representing respondents 1 to 3.

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The learned Standing Counsel for KSRTC

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would submit that the pension papers of the

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WP(C).No. 35453 of 2018

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petitioners are under process and the admissible

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monthly pension and other terminal benefits shall be disbursed without any delay.

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By the judgment dated 10.07.2018 in W.P.

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(C).No.20945 of 2018 and connected cases, KSRTC

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has been directed to disburse the terminal benefits payable to the petitioners therein, who retired from service on attaining the age of

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superannuation in the year 2018, within a period of eight weeks from that date of receipt of a certified copy of the judgment, if there is no other legal impediment. In the instant case, petitioners 1 and 2 retired from service in the

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year 2018 and petitioners 3 and 4 in the year 2017.

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In such circumstances, this writ petition is disposed of by directing the 1^st respondent to sanction and disburse all admissible pension and other pensionary benefits payable to petitioners 3 and 4, as expeditiously as possible, at any

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WP(C).No. 35453 of 2018

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rate within a period of six weeks and petitioners 1 and 2 within a period of eight weeks from the date of production of a certified copy of this judgment, if there is no other legal impediment standing in the way.

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Sd/-

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ANIL K.NARENDRAN,JUDGE

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF 1ST PETITIONER,	FREE PASS ISSUED TO THE DATED NIL.
EXHIBIT P1 A	A TRUE COPY OF 3515/98/CHRY IS PETITIONER DATE	MEMORANDUM NO.E2- SUED TO THE 1ST D 31/8/1998.
EXHIBIT P1 B	A TRUE COPY OF NO.PL12/025739/ ISSUED TO THE 1	MEMORANDUM 2008 DATED 7/4/2012 ST PETITIONER.
EXHIBIT P2	A TRUE COPY OF 2ND PETITIONER,	FREE PASS ISSUED TO THE DATED NIL.
EXHIBIT P2 A	A TRUE COPY OF 1363/97/PLKD DA TO THE 2ND PETI	MEMORANDUM NO.P3- TED 22/06/1998 ISSUED TIONER.
EXHIBIT P2 B	A TRUE COPY OF NO.PL12/025739/ ISSUED TO THE 2	MEMORANDUM 2008 DATED 7/4/2012 ND PETITIONER.
EXHIBIT P3	A TRUE COPY OF 3RD PETITIONER	FREE PASS ISSUED TO THE DATED NIL.

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WP(C).No. 35453 of 2018

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EXHIBIT P3 A A TRUE COPY OF CASH RECEIPT DATED 20/12/1999 ISSUED TO THE 3RD PETITIONER. EXHIBIT P3 B A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 7/04/2012 ISSUED TO THE 3RD PETITIONER. EXHIBIT P4 A TRUE COPY OF FREE PASS ISSUED TO THE 4TH PETITIONER DATED NIL. EXHIBIT P4 A A TRUE COPY OF CASH RECEIPT DATED 23/3/1999 ISSUED TO THE 4TH PETITIONER. EXHIBIT P4 B A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 24/04/2012 ISSUED TO THE 4TH PETITIONER. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 13/7/2018 IN WP(C) NO.23494 OF 2018. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 6/3/2018 IN WP(C) NO.7451 OF 2018.

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AV/1/11

James Punnoose, v. Kerala State Road Transport Corporation

Case brief

What is this about?

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James Punnoose, v. Kerala State Road Transport Corporation

Case brief

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