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Sasi.T.N v. the Kerala State Road Transport Corporation

Kerala HC4 Feb 2019WP(C)/1543/2019

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Kerala State Road Transport Corporation to sanction and disburse pension, gratuity, and other terminal benefits to three retired drivers within eight weeks, referencing a prior order.

What did the court decide?

Directed the 1st respondent to sanction and disburse monthly pension, arrears, Death-cum-Retirement Gratuity, and other benefits within eight weeks; to consider PF and Staff Welfare Fund claims.

Sasi.T.N Vs the 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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MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

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WP(C).No. 1543 of 2019

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PETITIONERS:

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1 SASI.T.N AGED 56 YEARS S/O NARAYANAN, THAMPIPARAMBIL HOUSE, NANTHIATTUKUNNAM, NORTH PARUR P.O, ERNAKULAM -683513 (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, NORTH PARUR DEPOT, RETIRED ON 30.11.2018.)

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2 THOMAS FRANCIS AGED 56 YEARS S/O. C.T. FRANCIS, CHELAT HOUSE, KOTTULLY SOUTH, KAITHARAM P.O, ERNAKULAM-683519, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, NORTH PARUR DEPOT, RETIRED ON 30.11.2018.)

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3 C.N. PRADEEP AGED 56 YEARS S/O. C.R. NANAPPAN, CHOOLAKKAL HOUSE, MADAPLATHURUTH, MOOTHAKUNNAM P.O, ERNAKULAM DISTRICT, PIN-683516 (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, NORTH PARUR DEPOT, RETIRED ON 30.12.2018.)

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BY ADV. SRI.C.V.MILTON

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RESPONDENTS:

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

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2 THE PERSONNEL OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT. P.O, THIRUVANANTHAPURAM -695023.

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3 THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, NORTH PARUR-683513.

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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 04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.1543 of 2019

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J U D G M E N T

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The petitioners, who retired from service

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during November/December 2018, on attaining the age of superannuation, while working as Drivers in the

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North Parur Depot of the Kerala State Road

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Transport Corporation, have filed this writ

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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

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Gratuity, Commuted Value of Pension, Terminal Leave Surrender Value, Provident Fund Closure amount and Staff Welfare Fund amount due to the petitioners, immediately.

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Heard the learned counsel for the

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petitioners and also the learned Standing Counsel for KSRTC, representing respondents 1 to 3.

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The learned Standing Counsel for KSRTC

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W.P.(C)No.1543 of 2019

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would submit that the pension papers of the petitioners 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

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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

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the judgment, if there is no other legal

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impediment.

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In such circumstances, this writ petition is disposed of by directing the 1^st respondent to

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sanction and disburse all admissible pension and

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other pensionary benefits payable to the

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petitioners, as expeditiously as possible, at any

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W.P.(C)No.1543 of 2019

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rate 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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While taking a decision, the 1^st respondent shall also consider the claim made by the

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petitioners for disbursement of Provident Fund and Staff Welfare Fund dues.

Sd/-

ANIL K.NARENDRAN

JUDGE

ami/

W.P.(C)No.1543 of 2019

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1(a) TRUE COPY OF THE PENSIONER'S PASS ISSUED TO THE 1ST PETITIONER. EXHIBIT P1(b) TRUE COPY OF THE PENSIONER'S PASS ISSUED TO THE 2ND PETITIONER EXHIBIT P1(c) TRUE COPY OF THE PENSIONER'S PASS ISSUED TO THE 3RD PETITIONER EXHIBIT P2(a) TRUE COPY OF THE RELIEVING ORDER NO.E2/5514/NPR/18 DATED 29.11.2018 ISSUED TO PETITIONERS 1 & 2. EXHIBIT P2(b) TRUE COPY OF THE RELIEVING ORDER NO.E1/2536/18/NPR DATED 28.12.2018 ISSUED TO THE 3RD PETITIONER. EXHIBIT P3(a) TRUE COPY OF THE REPRESENTATION DATED 15.12.2018 FILED BY THE 1ST PETITIONER. EXHIBIT P3(b) TRUE COPY OF THE REPRESENTATION DATED 15.12.2018 FILED BY THE 2ND PETITIONER. EXHIBIT P3(c) TRUE COPY OF THE REPRESENTATION DATED 10.01.2019 FILED BY THE 3RD PETITIONER.

Sasi.T.N v. the Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Sasi.T.N v. the Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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