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Ashraf.K v. Kerala State Road Transport Corporation

Kerala HC15 Jan 2019WP(C)/1137/2019

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Kerala State Road Transport Corporation to sanction and disburse all admissible pension and pensionary benefits to the petitioner within six weeks, noting the petitioner retired in 2017 while a different judgment covered 2018 retirees.

What did the court decide?

Direction to respondents to sanction and disburse all admissible pension and pensionary benefits within six weeks of judgment date.

Ashraf.K Vs Kerala State Road Transport… — Pension and Retirement Benefits | Kerala HC (2019)

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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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TUESDAY, THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940

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WP(C).No. 1137 of 2019

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PETITIONER:

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ASHRAF.K.,

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(DRIVER, KSRTC, MANANTHAVADY DEPOT, RETIRED ON 30.6.2017), RESIDING AT KOTIALIL HOUSE, KIZHAKKEKANDIYIL, POOLAPOYIL, NEELESWARM. P.O, KODUVALLY (VIA), OMASSERY, KOZHIKKODE -673582.

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BY ADV. SRI.K.P.RAJEEVAN

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RESPONDENTS:

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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 ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MANANTHAVADY DEPOT, MANANTHAVADY, WAYANAD DISTRICT, PIN-670645.

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SRI T.P.SAJAN, STANDING COUNSEL, KERALA STATE ROAD TRANSPORT CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 1137 OF 2019

JUDGMENT

The petitioner retired from service on 30.06.2017 while working as driver at Mananthavady depot of KSRTC on attaining the age of superannuation. The petitioner has 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 arrears of monthly pension, DCRG, commuted value of pension, Staff Welfare Fund, Leave Surrender, arrears of salary and other eligible benefits with interest to the petitioner.

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Heard the learned counsel for the petitioner and also

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the learned Standing Counsel for KSRTC, representing the respondents.

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The learned Standing Counsel for the KSRTC would submit that the pension papers of the petitioner are under process and the admissible 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. (C).No.20945 of 2018 and connected cases, KSRTC has been directed to disburse the terminal benefits payable to the

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WPC 1137 OF 2019 3

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petitioners therein, who retired from service on attaining the age of 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, the petitioner retired from service in the year 2017.

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In such circumstances, this writ petition is disposed of by directing the respondents to sanction and disburse all admissible pension and other pensionary benefits payable to the petitioner within a period of six 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

WPC 1137 OF 2019

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF FREE PASS ISSUED TO THE PETITIONER, DATED NIL.
EXHIBIT P2	A TRUE COPY OF 1ST PAGE OF PENSION PAYMENT ORDER.
EXHIBIT P3	A TRUE COPY OF ORDER NO.VLE5-019210/16 DATED 5.6.2018.
EXHIBIT P4	A TRUE COPY OF REPRESENTATION DATED 10.9.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P5	A TRUE COPY OF THE JUDGMENT DATED 6.3.2018 IN WP(C) NO. 7451 OF 2018.

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RESPONDENTS' EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Ashraf.K v. Kerala State Road Transport Corporation

Case brief

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Ashraf.K v. Kerala State Road Transport Corporation

Case brief

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