Allowed

Mohankumar K.S v. Kerala State Road Transport Corporation

Kerala HC12 Nov 2021WP(C)/24622/2021

Case brief

AI extract

What is this about?

Retired KSRTC employees filed a writ petition for unwholly paid pension and retirement benefits. The court rejected the corporation's plea of financial crisis, noting they had agreed to a six-month delay, and directed payment within four months. Non-compliance would attract 6.5% interest.

What did the court decide?

Writ of mandamus issued directing KSRTC to disburse arrears of pension and benefits within four months; non-compliance attracts 6.5% interest.

Mohankumar K.S Vs Kerala State Road Transport… — Pension and Retirement Benefits | Kerala HC (2021)

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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 AMIT RAWAL

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FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943

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WP(C) NO. 24622 OF 2021

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PETITIONERS:

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1MOHANKUMAR K.S.,
AGED 57 YEARS,
S/O. SUBRAN,
KOCHAPPILLY HOUSE, MARAMCODE, KUTTICHIRA P.O.,
THRISSUR DISTRICT 680 724,
(DRIVER -KERALA STATE ROAD, TRANSPORT CORPORATION,
CHALAKUDY DEPOT, RETIRED ON 30.04.2021).

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2DEVASSYKUTTY.K.P.,
AGED 57 YEARS,
S/O. POULOSE,
KUDIYIRIKKA HOUSE, KUTTICHIRA P.O. THIRSSUR DISTRICT
680 721.
(DRIVER -KERALA STATE ROAD TRANSPORT CORPORATION,
CHLAKUDY DEPOT, RETIRED ON 30.04.2021).

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3NAZEER M.A,
AGED 57 YEARS,
S/O. ABDUL RAHMAN, MUNDAKKAL HOUSE,
PONJASSERY P.O., PERUMBAVOOR,
ERNAKULAM DISTRICT 683 547.
( VEHICLE SUPERVISOR -KERALA STATE ROAD TRANSPORT
CORPORATION, MALA DEPOT, RETIRED ON 31.05.2021).

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4BABU K.R.,
AGED 57 YEARS,
S/O. RAMAN , KARODAN HOUSE, MELOOR P.O., THRISSUR
DISTRICT 680 311,

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(DRIVER -KERALA STATE ROAD, TRANSPORT CORPORATION,
CHALAKUDY DEPOT, RETIRED ON 31.05.2021)

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5JOHNY P.D.,
AGED 57 YEARS,
S/O. DEVASSYKUTTY,
POTTAKARAN HOUSE, PARIYARAM P.O.,
THRISSUR DISTRICT 680 721,
(DRIVER -KERALA STATE ROAD, TRANSPORT CORPORATION,
CHALAKUDY DEPOT, RETIRED ON 31.05.2021).

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6SUKU.K.N.,
AGED 57 YEARS
S/O.K.V. NARAYANAN, KARIYATTU PARAMBILN HOUSE,

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WP(C) NO. 24622 OF 2021 -2-

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MANIKKAMANGALAM P.O., KALADY, ERNAKULAM
DISTRICT 683 574,
(DRIVER -KERALA STATE ROAD, TRANSPORT
CORPORATION, CHALAKUDY DEPOT, RETIRED ON
31.05.2021).

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7POULOSE T.O.,
AGED 57 YEARS,
S/O. OUSEPH, THEKKAN HOUSE, MOOKKANNUR P.O.,
ERNAKULAM DISTRICT 683 574.
(DRIVER -KERALA STATE ROAD, TRANSPORT
CORPORATION, CHALAKUDY DEPOT, RETIRED ON
31.05.2021).

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8UMMER P.K.,
AGED 57 YEARS,
S/O. KUNJUMOHAMMED,
PITCHEN HOUSE, KODALY, PADY P.O.,
P.O.,THRISSUR DISTRICT 680 669.
(DRIVER -KERALA STATE ROAD, TRANSPORT
CORPORATION, CHALAKUDY DEPOT, RETIRED ON
31.05.2021).

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9HASSAN A.A.,
AGED 57 YEARS,
S/O. A.A. ANTHRU,
KARIYATTU PARAMBILN, HOUSE, MANIKKAMANGALAM
P.O., KALADY, ERNAKULAM DISTRICT 683 574,
(DRIVER -KERALA STATE ROAD, TRANSPORT
CORPORATION, CHALAKUDY DEPOT, RETIRED ON
31.05.2021).

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10SHAJI.K.N.,
AGED 57 YEARS
S/O. NARAYANAN,
PICHEN HOUSE, RAYONPURAM, P.O. ERNAKULAM
DISTRICT 683 699
(DRIVER -KERALA STATE ROAD, TRANSPORT
CORPORATION, MALA DEPOT, RETIRED ON
31.05.2021).

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11SUBRAN P.V.,
AGED 57 YEARS
S/O. VELAYUDHAN, PANANGADAN HOUSE, KUTTICHIRA
P.O., THRISSUR DISTRICT 680 724,

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WP(C) NO. 24622 OF 2021 -3-

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(CONDUCTOR -KERALA STATE ROAD, TRANSPORT
CORPORATION, CHALAKUDY DEPOT, RETIRED ON
31.05.2021).

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BY ADV C.V.MILTON

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RESPONDENTS:

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1 KERALA STATE ROAD TRANSPORT CORPORATION , REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM 695 023.

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2 THE DEPUTY CHIEF ACCOUNTS OFFICER, (P & A), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O. THIRUVANANTHAPURAM 695 023.

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3 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHALAKUDY 680 307.

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4 THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, PERUMBAVOOR 683 542.

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5 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MALA 680 732.

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BY ADV DEEPU THANKAN, SC, KSRTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 24622 OF 2021 -4-

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JUDGMENT

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Petitioners are the retired employees of Kerala State Road Transport Corporation (KSRTC), the details of retirement is given in Paragraph No.1 of the writ petition. On retirement the respondent Corporation did not release their pension and pensionary/retirement benefits i.e., Death Cum Retirement Gratuity, Commuted Value of Pension, Staff Welfare Fund, Terminal Leave Surrender Value and other arrears.

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Learned counsel appearing on behalf of the petitioners submits that as per Rule 119 Part III of the Kerala Service Rules (KSR) pension is payable from the date when the pensioner is ceased to be borne on the establishment.

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Respondent in this regard are in dire need of their statutory rights which is not a bounty, despite having made representations as evident from series Ext.P3. Learned Standing Counsel Mr.Deepu Thankan has

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WP(C) NO. 24622 OF 2021 -5-

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put in appearance for KSRTC and says that they are filing a statement during the course of the day and requests for disposal of the writ petition by giving six months time to clear off all the arrears.

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Learned counsel for the petitioners submits that

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the six months period is too long as the petitioners are deprived of the statutory rights.

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I have heard counsel for the parties and appraised the paper books.

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The retirement of the petitioners from service

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with effect from 30.04.2021 to 31.05.2021 as per the averments in paragraph No.1 of the writ petition are not in dispute much less the applicability of Part III of the KSR.

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It is strange that the jurisdiction of this Court is being in vogue for such reliefs which the respondents were statutorily required to disburse on retirement of the particular employee or employees. The stand of the

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KSRTC in almost all the cases had been 'owing to the financial crisis and shortage of funds'. Such pleas are not

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WP(C) NO. 24622 OF 2021 -6-

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sustainable. Since the respondents have undertaken to clear off the arrears as sought by the petitioners within a period of six months, I did not deem it appropriate to accede to the request of six months. Accordingly, writ of mandamus is issued directing the respondent KSRTC to disburse the arrears of pension and other benefits as pleaded in the writ petition and culled out in the representations Exts.P3(a) & P3(k) within a period of four months from the date of receipt of a certified copy of the judgment. In case this order is not complied within the aforementioned period it shall entail interest of 6.5% to be recovered from the officer responsible/who had not complied with the direction of this Court.

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Sd/-

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AMIT RAWAL
JUDGE

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VV

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WP(C) NO. 24622 OF 2021 -7-

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APPENDIX OF WP(C) 24622/2021

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PETITIONER EXHIBITS

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`Exhibit`	`P1 (A)` `TRUE COPY` `ISSUES TO`	`OF` `THE`	`THE` `IST`	`PENSIONER'S PASS` `PETITIONER.`
`Exhibit`	`P1 (B)` `TRUE COPY` `ISSUES TO`	`OF` `THE`	`THE` `3RD`	`PENSIONER'S PASS` `PETITIONER.`
`Exhibit`	`P1 (C)` `TRUE COPY` `ISSUES TO`	`OF` `THE`	`THE` `4TH`	`PENSIONER'S PASS` `PETITIONER.`
`Exhibit`	`P1 (D)` `TRUE COPY` `ISSUES TO`	`OF` `THE`	`THE` `5TH`	`PENSIONER'S PASS` `PETITIONER.`
`Exhibit`	`P1 (E)` `TRUE COPY` `ISSUES TO`	`OF` `THE`	`THE` `6TH`	`PENSIONER'S PASS` `PETITIONER.`
`Exhibit`	`P1 (F)` `TRUE COPY` `ISSUES TO`	`OF` `THE`	`THE` `8TH`	`PENSIONER'S PASS` `PETITIONER.`
`Exhibit`	`P1 (G)` `TRUE COPY` `ISSUES TO`	`OF` `THE`	`THE` `9TH`	`PENSIONER'S PASS` `PETITIONER.`
`Exhibit`	`P1 (H)` `TRUE COPY` `ISSUES TO`	`OF` `THE`	`THE` `I0T`	`PENSIONER'S PASS` `H PETITIONER.`
`Exhibit`	`P1 (I)` `TRUE COPY` `ISSUES TO`	`OF` `THE`	`THE` `11T`	`PENSIONER'S PASS` `H PETITIONER.`
`Exhibit`	`P2(A)` `TRUE COPY` `EI/1827/2` `ISSUED TO` `ENGLISH T`	`OF` `1/CH` `THE` `RANS`	`THE` `ALAK` `PET` `LATI`	`RELIEVING ORDER NO.` `UDY DATED 27.04.2021` `ITIONER 1 & 2 AND ITS` `ON.`
`Exhibit`	`P2 (B)` `TRUE COPY` `EI/3827/2` `RELIEVING` `AND ITS E`	`OF` `1/CH` `THE` `NGLI`	`THE` `ALAK` `PET` `SH T`	`RELIEVING ORDER NO.` `UDY DATED 31.05.2021` `ITIONERS 3 TO 8 & 11` `RANSLATION.`
`Exhibit`	`P2 (C)` `TRUE COPY`	`OF`	`THE`	`RELIEVING ORDER NO.`

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WP(C) NO. 24622 OF 2021 -8-

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PLI/110/2021/PBVR DATED 29.05.2021
ISSUED TO THE 9TH PETITIONER.

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`Exhibit P2 (D)`	`TRUE COPY OF THE RELIEVING ORDER NO.` `PLI/1001/21/MALA DATED 31.05.2021` `ISSUED TO THE 10TH PETITIONER.`
`Exhibit P3`	`TRUE COPY OF THE REPRESENTATION DATED` `14.06.2021 FILED BY THE IST PETITIONER` `BEFORE THE IST RESPONDENT.`
`Exhibit P3 (B)`	`TRUE COPY OF THE REPRESENTATION DATED` `14.06.2021 FILED BY THE 2ND PETITIONER` `BEFORE THE IST RESPONDENT.`
`Exhibit P3 (C)`	`TRUE COPY OF THE REPRESENTATION DATED` `14.06.2021 FILED BY THE 3RD PETITIONER` `BEFORE THE IST RESPONDENT.`
`Exhibit P3 (D)`	`TRUE COPY OF THE REPRESENTATION DATED` `14.06.2021 FILED BY THE 4TH PETITIONER` `BEFORE THE IST RESPONDENT.`
`Exhibit P3(E)`	`TRUE COPY OF THE REPRESENTATION DATED` `14.06.2021 FILED BY THE 5TH PETITIONER` `BEFORE THE IST RESPONDENT.`
`Exhibit P3 (F)`	`TRUE COPY OF THE REPRESENTATION DATED` `14.06.2021 FILED BY THE 6TH PETITIONER` `BEFORE THE IST RESPONDENT.`
`Exhibit P3 (G)`	`TRUE COPY OF THE REPRESENTATION DATED` `14.06.2021 FILED BY THE 7TH PETITIONER` `BEFORE THE IST RESPONDENT.`
`Exhibit P3 (H)`	`TRUE COPY OF THE REPRESENTATION DATED` `14.06.2021 FILED BY THE8TH PETITIONER` `BEFORE THE IST RESPONDENT.`
`Exhibit P3(I)`	`TRUE COPY OF THE REPRESENTATION DATED` `14.06.2021 FILED BY THE 9TH PETITIONER` `BEFORE THE IST RESPONDENT.`

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WP(C) NO. 24622 OF 2021 -9-

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Exhibit P3(J)TRUE COPY OF THE REPRESENTATION DATED
14.06.2021 FILED BY THE I0TH
PETITIONER BEFORE THE IST RESPONDENT.
Exhibit P3 (K)TRUE COPY OF THE REPRESENTATION DATED
14.06.2021 FILED BY THE I1THPETITIONER
BEFORE THE IST RESPONDENT.

Mohankumar K.S v. Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Mohankumar K.S v. Kerala State Road Transport Corporation

Case brief

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What did the court decide?

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