Writ petition filed by a retired KSRTC conductor aggrieved by non-disbursal of pension benefits. The court ordered the respondent to sanction and disburse eligible monthly pension and other benefits within three months.
Petitioner ordered to be sanctioned and disbursed eligible monthly pension and benefits within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SATHISH NINAN
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020/ 25TH BHADRA, 1942
W.P.(C)No.26003 OF 2016(A)
PETITIONER:
Y. XAVIOUR SOLOMON, AGED 72 YEARS, (SPECIAL GRADE CONDUCTOR, KSRTC, NEYYANTTINKARA DEPOT, RETIRED ON 31.3.1997), NOW RESIDING AT K.P.12/119, NANDANAM, NEAR CONVENT, PRAVACHAMBALAM, NEMOM P.O., THIRUVANANTHAPURAM, PIN- 695 020.
BY ADV. SRI.K.P.RAJEEVAN
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN- 695 023.
2 THE DISTRICT TRANSPORT OFFICER, KSRTC, NEYYATTINKARA DEPOT, THIRUVNANATHAPURAM, PIN- 695 121.
3 THE EXECUTIVE DIRECTOR (VIGILANCE AND STATICS) KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANATHAPURAM, PIN- 695 023.
4 KSRTC APPELLATE TRIBUNAL, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN- 695 023.
SRI.T.P. SAJAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.26003 OF 2016(A)
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JUDGMENT
The writ petition is filed aggrieved by the non-disbursal of pensionery benefits.
The disciplinary proceedings as against the petitioner has culminated in Ext.P12 order dated 21.10.2016, whereunder, the period of absence was regularised and treated as leave without allowance.
In view of the above, it is ordered that the petitioner shall be sanctioned and disbursed the eligible monthly pension as per the provisions of the KSR and other eligible benefits, within a period of three months from today. Needless to say that the payments if any already made can be taken into account while arriving at the quantum.
W.P.(C)No.26003 OF 2016(A)
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The writ petition is disposed of as
above.
Sd/-
SATHISH NINAN
JUDGE
ss
W.P.(C)No.26003 OF 2016(A)
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXT. P1 | A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 12.1.2003. |
|---|---|
| EXT. P2 | A TRUE COPY OF ORDER DATED 3.7.1995 BY THE 3RD RESPONDENT. |
| EXT. P3 | A TRUE COPY OF ORDER DATED 27.1.2000 ISSUED BY THE MANAGING DIRECTOR OF THE CORPORATION. |
| EXT. P4 | A TRUE COPY OF JUDGMENT IN W.P.C. NO. 24561/04 DATED 18.8.2004. |
| EXT. P5 | A TRUE COPY OF COMMUNICATION DATED 5.11.1998 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. |
| EXT. P6 | A TRUE COPY OF ORDER DATED 22.10.2005 ISSUED BY THE 4TH RESPONDENT. |
| EXT. P7 | A TRUE COPY OF LETTER DATED 28.3.1994 SENT BY THE 2ND RESPONDENT TO THE OFFICE OF THE 1ST RESPONDENT. |
| EXT. P8 | A TRUE COPY OF MEMORANDUM DATED |
| 2.4.1997 FORWARDED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. |
|
| EXT. P9 | A TRUE COPY OF INTERIM ORDER DATED |
| 9.1.2007 IN W.P.C. NO. 22231 OF 2006. |
W.P.(C)No.26003 OF 2016(A)
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EXT. P10 A TRUE COPY OF THE 1ST PAGE OF PENSION PAYMENT ORDER OF THE PETITIONER. EXT. P11 A TRUE COPY OF JUDGMENT DATED 4.6.2014 IN W.P.C. NO. 22231 OF 2006. EXHIBIT P12 A TRUE COPY OF THE ORDER NO.VLD 25723/94 DATED 21/01/2016 ISSUED BY THE CHIEF LAW OFFICER IN CHARGE OF EXECUTIVE DIRECTOR (VIGILANCE).
2 issues framed by the court
Whether the petitioner is entitled to the disbursement of pensionery benefits following the regularization of his period of absence.
Whether the benefits claimed should be disbursed within a specified time frame.
Y. XAVIOUR SOLOMON
KERALA STATE ROAD TRANSPORT CORPORATION
THE DISTRICT TRANSPORT OFFICER, KSRTC
THE EXECUTIVE DIRECTOR (VIGILANCE AND STATICS) KSRTC
KSRTC APPELLATE TRIBUNAL
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
