Petitioner, a retired driver of KSRTC, sought pension and gratuity via Writ Petition. Court relied on respondent's concession and disposed of the matter, directing payment within three months with interest.
Writ petition disposed of; respondent directed to pay dues within three months; interest fixed at 6.5% for further delay.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA, 1943
WP(C) NO. 15072 OF 2021
PETITIONER:
P.R.JAYARAJ AGED 56 YEARS S/O. RAMAKRISHNAN NAIR, "SREESAILAM", THRIKALANGODE P.O. MANJERI, MALAPPURAM DISTRICT 676 123, (DRIVER I GRADE, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR DEPOT RETIRED ON 31/01/2021.). BY ADV ANANDA RAJAN.N
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM 695 023.
2 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAHAN , FORT P.O. THIRUVANANTHAPURAM. 695 023.
3 TH PERSONNEL OFFICER,(PENSION AND AUDIT), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN , FORT P.O. THIRUVANANTHAPURAM 695 023. 4 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR DEPOT, 680 001. BY ADV DEEPU THANKAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The prayer of the petitioner in the instant case is as follows:
a) to call for the records of this case;
b) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to sanction and disburse the monthly pension with arrears as on date, Death Cum Retirement Gratuity, Commuted Value of Pension, Staff Welfare Fund. Terminal Leave Surrender Salary and Arrear Salary due to the petitioner immediately.
c) to issue a writ of mandamus or any other appropriate writ or directions directing the respondents to pay interest at 12% per annum on the pensionary amounts due to the petitioner from the date of retirement till date of actual payment, and
d) to issue such other orders or directions as this Honourable court may deem fit and proper in the facts and circumstances of the case including cost.
2. Keeping in view the aforementioned prayers
respondents are called upon and have filed a statement. paragraph 7 of the same reads as under:
“7. In the above circumstance it is humbly submitted that the delay in payment of the monthly pension and other pensionary /retirement benefits to the petitioner is solely
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because of the financial stringency of the KSRTC. There is no willful negligence or latches on the part of the KSRTC nor any adjustment towards other liabilities of the KSRTC. So, it is humbly submitted that this Hon'ble Court may be pleased to dispose of the matter accordingly enabling the KSRTC to pay off the same within three months and the writ petition may be disposed off accordingly.”
Sri.Deepu Thankan learned standing counsel submits that the aforesaid shall be complied in letter and spirit. Writ petition is disposed of in view of the stand taken in the statement extracted hereinabove. It is made clear that in case of any further delay in paying the amount, it shall entail into interest of 6.5%.
Sd/-
AMIT RAWAL
JUDGE
nak
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APPENDIX OF WP(C) 15072/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF MEMORANDUM NO. E1`739/18/THRISSUR DATED 30/01/2021 ISSUED BY THE 4TH RESONANT RELIEVING THE PETITIONER FROM THE SERVICE OF THE RESPONDENT CORPORATION. Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 16/06/2021 SUBMITTED BY THE PETITIONER BEFORE THE SIT RESPONDENT. Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT DATED 17/12/2020 IN WPC 28238 OF 2020.
P.R. Jayaraj
Kerala State Road Transport Corporation
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
