Petitioner, a retired driver of KSRTC, sought pension and terminal benefits under Art. 226. Court directed first respondent to disburse benefits within eight weeks.
First respondent to sanction and disburse all admissible pension and other pensionary benefits within eight weeks of service of this judgment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY ,THE 17TH DAY OF JANUARY 2019 / 27TH POUSHA, 1940
WP(C).No. 1449 of 2019
PETITIONER :
N.P.JOHNSON, AGED 56 YEARS S/O.POULOSE.N.L,NEELANKAVIL HOUSE, PUTHIRKARA,AYYANTHOLE.P.O,THRISSUR DISTRICT, PIN-680003(DRIVER,KERALA STATE ROAD TRANSPORT CORPORATION,THRISSUR DEPOT, RETIRED ON 30.11.2018).
BY ADVS. SRI.ANANDARAJAN.N SRI.ASHOKA KUMAR SRI.C.V.MILTON
RESPONDENTS :
1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,FORT.P.O, THIRUVANANTHAPURAM-695023.
2 THE PERSONNEL OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT BHAVAN, FORT.P.O,THIRUVANANTHAPURAM-695023.
3 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR-680023.
SRI T.P.SAJAN, STANDING COUNSEL, KERALA STATE ROAD TRANSPORT CORPORATION.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1449 of 2019
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JUDGMENT
The petitioner, who retired from the service
on 30.11.2018, on attaining the age of
superannuation, while working as Driver 1st Grade in the Thrissur Depot of the Kerala State Road
Transport Corporation, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to sanction and disburse the monthly pension with arrears, Death-cum-Retirement Gratuity, Commuted Value of Pension, Terminal
Leave Surrender value, Provident Fund Closure and
Staff Welfare Fund amount due to him,
immediately. The petitioner has also sought for a writ of mandamus commanding the respondents to
pay salary and increment arrears and medical reimbursement of Rs.1,000/- sanctioned to him.
petitioner and also the learned Standing Counsel for KSRTC, representing respondents 1 to 3.
WP(C).No. 1449 of 2019
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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.
(C).No.20945 of 2018 and connected cases, KSRTC
has been directed to disburse the terminal benefits payable to the 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 such circumstances, this writ petition is
disposed of by directing the 1st respondent to
sanction and disburse all admissible pension and
other pensionary benefits payable to the
petitioner, as expeditiously as possible, at any rate within a period of eight weeks from the date
WP(C).No. 1449 of 2019
of production of a certified copy of this judgment, if there is no other legal impediment standing in the way.
While taking a decision, the 1st respondent shall also consider the claim made by the petitioner for disbursal of salary and increment arrears and medical reimbursement.
Sd/-
ANIL K.NARENDRAN,JUDGE
AV/17/1
WP(C).No. 1449 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PENSIONERS PASS ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE RELIEVING ORDER NO.E1/739/18/THRISSUR DATED 29.11.2018 ISSUED TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE ORDER NO.E12866/18/THRISSUR DATED 2.06.2018 SANCTIONING RS.1,000/-TOWARDS MEDICAL RE-IMBURSEMENT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE REPRESENTATIONS DATED 15.12.2018 SUBMITTED TO THE 1ST RESPONDENT BY THE PETITIONER.
2 issues framed by the court
Whether the respondent is directed to sanction and disburse pension and other pensionary benefits to the petitioner.
Whether the petitioner is entitled to salary, increment arrears, and medical reimbursement.
1 provisions across 1 enactments
N.P.Johnson
The Kerala State Road Transport Corporation
The Personnel Officer, Kerala State Road Transport Corporation
The District Transport Officer, Kerala State Road Transport Corporation
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
