Allowed

R.Vijayan v. the Kerala State Road Transport Corporation

Kerala HC22 Oct 2020WP(C)/22526/2020

Case brief

AI extract

What is this about?

The High Court of Kerala, dispensing with full hearing or reasoned judgment in a writ petition by a retired KSRTC driver, disposed of the matter by directing the respondents to disburse his pending retirement benefits, including monthly pension, within three months.

What did the court decide?

Directions to disburse monthly pension with arrears, Death Cum Retirement Gratuity, Provident Fund Closure Amount, and Terminal Leave Surrender Salary within three months.

R.Vijayan Vs the 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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942

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WP(C).No.22526 OF 2020(M)

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PETITIONER:

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R.VIJAYAN, AGED 56 YEARS, S/O.RAGHAVAN, KOCHUVILA VEEDU, PANDALAMMUKKU, PULIPPARA P.O., KADAKKAL, KOLLAM DISTRICT-691536. (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM CENTRAL DEPOT - RETIRED ON 31.5.2020)

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BY ADV. SRI.ANANDARAJAN.N

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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 FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695023.

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3 THE PERSONNEL OFFICER (PENSION AND AUDIT), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695023.

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4 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM CENTRAL DEPOT, THIRUVANANTHAPURAM-695001.

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SRI TP SAJAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.22526 OF 2020(M) 2

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J U D G M E N T

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~~~~~~~~

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While working as a Driver in the Thiruvananthapuram Central Depot with the 1st respondent Corporation, the petitioner attained Superannuation on 31.5.2020. As the admissible pension and pensionary benefits were withheld, he contacted the office of the 1st respondent to disburse the retirement benefits such as monthly pension with arrears, Death Cum Retirement Gratuity, Provident Fund Closure Amount and Terminal Leave Surrender Salary due to him immediately. As no action was taken, he has approached this Court seeking a direction to the respondents to disburse the pensionary benefits due to the petitioner.

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Sri. N.Ananda Rajan, the learned counsel appearing for the petitioner, submits that there is no justification on the part of the respondents in withholding the amounts legally due to him. He contended that the benefits due to a retired employee cannot be characterized either as a bounty or as a charity and prays that necessary directions be issued.

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WP(C).No.22526 OF 2020(M) 3

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Sri. T.P.Sajan, the learned standing counsel appearing for the respondents, submits that the 1st respondent Corporation is cash strapped and they are not in a position at present to oblige the claims of the petitioner, though the same is legitimate and liable to be paid. However, he fairly submits that the pensionary benefits due to the petitioner can be disbursed within a period of three months from today.

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Having considered the facts and circumstances and the submissions made across the bar, this petition is disposed of directing the respondents to disburse the retirement benefits such as monthly pension with arrears, Death Cum Retirement Gratuity, Provident Fund Closure Amount and Terminal Leave Surrender Salary due to him immediately within a period of three months from the date of receipt of a copy of this judgment.

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The petitioner shall produce a copy of the writ petition together with the copy of this judgment, before the 1st respondent Corporation, to ensure compliance.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV/22.10.2020

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WP(C).No.22526 OF 2020(M) 4

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF MEMORANDUM NO.E1/6189/16/CL DATED 25.5.2020 ISSUED BY THE 4TH RESPONDENT RELIEVING THE PETITIONER FROM THE SERVICE OF THE CORPORATION.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

R.Vijayan v. the Kerala State Road Transport Corporation

Case brief

What is this about?

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R.Vijayan v. the Kerala State Road Transport Corporation

Case brief

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