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P.K.Mamachan v. Kerala State Road Transport Corporation

Kerala HC16 Sept 2020WP(C)/16736/2020

Case brief

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What is this about?

The Kerala High Court disposed of a writ petition filed by five retired KSRTC drivers seeking ex-gratia pension and retirement benefits. The Court directed the respondent Corporation to make the due payments as expeditiously as possible within three months of the judgment.

What did the court decide?

Direction to the 1st respondent KSRTC to sanction and disburse ex-gratia pension and other retirement benefits due to petitioners within three months from the date of receipt of the judgment copy.

P.K.Mamachan Vs Kerala State Road Transport… — Pension and Retirement Benefits | Kerala HC (2020)

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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 SATHISH NINAN

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WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020/ 25TH BHADRA, 1942

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W.P.(C)No.16736 OF 2020(N)

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PETITIONERS:

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1 P.K.MAMACHAN, AGED 57 YEARS, SHERINE NIVAS, PERA, ANDOOR P.O., VALAKOM, KOTTARAKARA, KOLLAM DISTRICT-691532. (DRIVER, KOTTARAKARA DEPOT, RETIRED ON 31.12.2019).

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2 A.VINCENT, BINESH BHAVAN, VELLIMON P.O., KERALAPURAM, KOLLAM DISTRICT-691 532. (DRIVER, KOTTARAKARA DEPOT, RETIRED ON 31.3.2020)

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3 SASANKAN NAIR N., AMBALATH PUTHEN VEEDU, AVANOOR P.O., KOTTARAKARA, KOLLAM DISTRICT-691 506. (DRIVER, KOTTARAKARA DEPOT, RETIRED ON 31.3.2020)

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4 E.B.VIJAYAN, BOSCO VILASAM, PADAPPAKARA, KUNDARA, KOLLAM DISTRICT-691 503. (DRIVER, KOTTARAKARA DEPOT, RETIRED ON 31.5.2020)

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5 P.RAJU, THOPPIL VILA VEEDU, MYLOM P.O., KULAMUDI, KOTTARAKARA, KOLLAM DISTRICT-691 531. (DRIVER, KOTTARAKARA DEPOT, RETIRED ON 31.5.2020)

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BY ADV. SRI.N.SASIDHARAN UNNITHAN

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W.P.(C)No.16736 OF 2020(N)

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RESPONDENTS:

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1 KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY THE MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023.

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2 FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KSRTC, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023.

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3 ASSISTANT TRANSPORT OFFICER, KSRTC, KOTTARAKARA DEPOT, KOLLAM DISTRICT-691 531.

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R1 BY SRI.T.P SAJAN, SC, KERALA STATE ROAD TRANSPORT CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.16736 OF 2020(N)

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JUDGMENT

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The writ petition is filed seeking the

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following reliefs:

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i) To issue a writ of mandamus or any other writ or direction directing the 1^st respondent to sanction and disburse the ex-gratia pension, and other retirement benefits legally due to the petitioners immediately, and

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ii) Such other reliefs that this Hon'ble Court may deem fir and proper in the circumstances of the case.

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The eligibility of the petitioner for

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the ex-gratia pension and retirement benefits are not in dispute.

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After having heard the learned counsel for the petitioner and the learned standing counsel for the Corporation, I dispose of

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W.P.(C)No.16736 OF 2020(N)

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the writ petition directing that, the payments due under the afore heads shall be made as expeditiously as possible and at any

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rate within a period of three months from the date of receipt of the copy of the judgment.

Sd/-

SATHISH NINAN

JUDGE

W.P.(C)No.16736 OF 2020(N)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE 1ST PETITIONER SHOWING HIS DATE OF RETIREMENT.

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EXHIBIT P2 TRUE COPY OF THE PENSION PASS ISSUED TO THE 2ND PETITIONER SHOWING HIS DATE OF RETIREMENT.

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EXHIBIT P3 TRUE COPY OF THE MEMORANDUM NO.E1906/2020/KTRA DATED 7.5.2020 ISSUED TO THE 3RD PETITIONER FROM THE KSRTC SHOWING HIS DATE OF RETIREMENT.

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EXHIBIT P4 TRUE COPY OF THE PENSION PASS ISSUED TO THE 4TH PETITIONER SHOWING THE DATED OF RETIREMENT.

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EXHIBIT P5

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TRUE COPY OF THE PENSION PASS ISSUED TO THE 5TH PETITIONER SHOWING HIS DATE OF RETIREMENT.

P.K.Mamachan v. Kerala State Road Transport Corporation

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P.K.Mamachan v. Kerala State Road Transport Corporation

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