Disposed

Kerala State Road Transport Corporation v. a.Nujum

Kerala HC16 Feb 2023RP/5/2023

Case brief

AI extract

What is this about?

KSRTC filed review petitions seeking more time to pay pensionary benefits. The court modified the time frames, directing an immediate payment of Rs.1 lakh to eligible pensioners and restoration of the corpus fund from April 2023, with priority based on retirement dates.

What did the court decide?

KSRTC directed to pay Rs.1 lakh to eligible pensioners within 45 days; restore corpus fund from April 2023; disburse benefits by priority of retirement date.

Kerala State Road Transport Corporation Vs… — Pension and Retirement Benefits | Kerala HC (2023)

¶1

¶2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3

PRESENT

¶4

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶5

RP NO. 1130 OF 2022

¶6

AGAINST THE JUDGMENT IN WP(C) 34384/2022 DATED 28.10.2022

¶7

REVIEW PETITIONERS:

¶8

1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY THE MANAGING DIRECTOR, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN-695023

¶9

2 FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, HEAD OFFICE, TRANSPORT BHAVAN EAST FORT, THIRUVANANTHAPURAM PIN-695023.

¶10

BY ADV DEEPU THANKAN

¶11

RESPONDENTS:

¶12

1 AJITH KUMAR.P, AGED 56 YEARS, PF NO.40566), S/O K.SREEDHARA KURUP, KIZHAKOOT HOUSE, MATHILMOOLA, MATHILAKAM P.O, THRISSUR DISTRICT-680685.

¶13

2 SANTHOSH.P.G, AGED 56 YEARS, (PF NO.51255), A/O P.A.GOPI, P ARASSERY HOUSE, PULLUT.P.O, CHAPPARA, THRISSUR PIN-680 663.

¶14

3 NOUSHAD.P.U, AGED 56 YEARS, (PF NO.40434), S/O USMAN, PANIKKAVEETIL HOUSE, THALIKULAM.P.O, THRISSUR DISTRICT, PIN 680 569.

¶15

4 N.D.SOUNDER RAJAN, AGED 56 YEARS, (PF NO.62413), S/O DASAN, NOTTANTE PARAMBIL HOUSE, MOOTHAKUNNAM.P.O, ERNAKULAM DISTRICT, PIN- 683 516.

¶16

5 M.R.PRADEEP, AGED 56 YEARS, (ID NO.629061), S/O RAVEENDRAN M.K, MADATHITHARA HOUSE, VADAKKUMPURAM P.O, ERNAKULAM DISTRICT-683 521.

¶17

RP 1130/22 & connected cases

¶18

¶19

ADV. SRI.V.M.KRISHNAKUMAR

¶20

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1131/2022, RP.5/2023, 18/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

¶21

RP 1130/22 & connected cases

¶22

¶23

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶24

PRESENT

¶25

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶26

THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944 RP NO. 1131 OF 2022

¶27

AGAINST THE JUDGMENT IN WP(C) 32045/2022 DATED 11.10.2022

¶28

REVIEW PETITIONERS:

¶29

1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN-695023.

¶30

2 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANACHERRY DEPOT, CHANGANACHERRY, KOTTAYAM DISTRICT - 686 101.

¶31

BY ADV DEEPU THANKAN

¶32

RESPONDENTS:

¶33

1 GOPAKUMAR C.S, (DRIVER, KSRTC, CHANGANACHERRY DEPOT), RETIRED ON 31.3.2022, RESIDING AT CHERUKANDATHIL VEEDU, PEROOR.P.O, KOTTAYAM DISTRICT, PIN 686637.

¶34

2 RAJESH KUMAR.S, (CONDUCTOR, KSRTC, ERATTUPETTA DEPOT, RETIRED ON 31.5.2022), RESIDING AT EDATHUM KUNNEL HOUSE, KADANADU.P.O, KOLLAPPALLY, KOTTAYAM DISTRICT, PIN-686659.

¶35

3 REVEENDRAN NAIR K.R, (CONDUCTOR, KSRTC, ERATTUPETTA DEPOT, RETIRED ON 31.5.2022), RESIDING AT VADAYATTU PADINJARETHIL HOUSE, THODANAL.P.O, KOTTAYAM DISTRICT, PIN-686573.

¶36

4 RAJAN P.R, (CONDUCTOR, KSRTC, ERATTUPETTA DEPOT, RETIRED ON 31.1.2022), RESIDING AT PLACKAL HOUSE, THALANAD.P.O, KOTTAYAM DISTRICT, PIN-686580

¶37

BY ADV K.P.RAJEEVAN

¶38

RP 1130/22 & connected cases

¶39

¶40

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES,THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶41

RP 1130/22 & connected cases

¶42

¶43

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶44

PRESENT

¶45

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶46

RP NO. 1132 OF 2022

¶47

AGAINST THE JUDGMENT IN WP(C) 34501/2022 DATED 31.10.2022

¶48

REVIEW PETITIONERS:

¶49

1 KERALA STATE ROAD TRANSPORT CORPORATION , REPRESENTED BY THE MANAGING DIRECTOR, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN-695023.

¶50

2 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANACHERRY DEPOT, CHANGANACHERRY, KOTTAYAM DISTRICT - 686 101

¶51

BY ADV DEEPU THANKAN

¶52

RESPONDENT:

¶53

1 BHASKARAN.T., DRIVER, KSRTIC, CHANGANACHERRY DEPOT, RETIRED ON 31/5/2022) RESIDING AT MOOLAKKARA HOUSE THRIKKODITHANAM PO., CHANGANACHERRY KOTTAYAM

¶54

DISTRICT - 686 105.

¶55

ADV. SRI.K.P.RAJEEVAN

¶56

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶57

RP 1130/22 & connected cases

¶58

¶59

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶60

PRESENT

¶61

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶62

RP NO. 1133 OF 2022

¶63

AGAINST THE JUDGMENT IN WP(C) 30726/2022 DATED 27.09.2022

¶64

REVIEW PETITIONERS:

¶65

1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN-695 023., PIN – 695023

¶66

2 FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN-695 023.

¶67

3 THE DISTRICT TRANSPORT OFFICER, KSRTC, PALAKKAD, PIN-678 014.

¶68

BY ADV DEEPU THANKAN

¶69

RESPONDENTS:

¶70

1 C. MURALEEDHARAN, AGED 56 YEARS, S/O CHAMIKUTTAN, PADINJARETHARAMANDAPAMKUDAM, KUZHALMANNAM P.O., PALAKKAD DISTRICT, PIN-678 702., PIN – 678702

¶71

2 MURALIDAS.C.K, S/O KESAVAN, CHAKKINGAL HOUSE, KONGAD P.O., PALAKKAD DISTRICT, PIN-678 631.

¶72

3 V. BHARATHARAJAN, AGED 56 YEARS, S/O VELAN, MUKRAMKATTUPARAMBIL HOUSE, KOTTEKAD P.O., PALAKKAD DISTRICT, PIN-678 732.

¶73

ADV. SRI.C.V.MILTON

¶74

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶75

RP 1130/22 & connected cases

¶76

¶77

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶78

PRESENT

¶79

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶80

THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944
RP NO. 1143 OF 2022

¶81

AGAINST THE JUDGMENT IN WP(C) 32987/2022 DATED 18.10.2022
REVIEW PETITIONERS:

¶82

1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN-695 023., PIN – 695023

¶83

2 ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANACHERRY DEPOT, CHANGANACHERRY, KOTTAYAM DISTRICT - 686 101

¶84

BY ADV SHRI.DEEPU THANKAN, SC, KSRTC

¶85

RESPONDENT:

¶86

R.SURESH BABU, RESIDING AT VISHNU NIVAS,
KIZHAKKEPURAM PO, AYIROOR, VARKALA,
THIRUVANANTHAPURAM DISTRICT – 695 310

¶87

ADV. SRI.K.P.RAJEEVAN

¶88

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶89

RP 1130/22 & connected cases

¶90

¶91

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶92

PRESENT

¶93

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶94

THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944 RP NO. 1160 OF 2022

¶95

AGAINST THE JUDGMENT IN WP(C) 29620/2022 DATED 19.09.2022

¶96

1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695 023.

¶97

2 DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM CENTRAL DEPOT, THIRUVANANTHAPURAM DISTRICT, PIN-695 001.

¶98

3 ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERATTUPETTA DEPOT, KOTTAYAM DISTRICT, PIN-686 121.

¶99

4 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA DEPOT, KOTTAYAM DISTRICT, PIN-686 575.

¶100

BY ADV DEEPU THANKAN

¶101

RESPONDENTS:

¶102

1 SABUMON.K.PHILIP, RESIDING AT ILLICKAL HOUSE, ELAMPALLY.P.O, KOTTAYAM DISTRICT, PIN-686 503.

¶103

2 RADHAKRISHNAN.K, RESIDING AT SANKARASADANAM, THALAPPALAM, PLASSANAL.P.O, KOTTAYAM DISTRICT, PIN- 686 579.

¶104

3 SYAMKUMAR.T.K, RESIDING AT THOTTAPPALLIL HOUSE, POONJAR THEKKEKARA.P.O, KOTTAYAM DISTRICT, PIN-686 582.

¶105

4 BENNY KURIAN, RESIDING AT THONUKUZHIYIL VEEDU, KIZHATHADIYOOR.P.O, PALA, KOTTAYAM DISTRICT, PIN 686 574.

¶106

RP 1130/22 & connected cases

¶107

¶108

5 ANIL KUMAR.N.S, RESIDING AT ANIKKATTU HOUSE, POOVARANI.P.O, PALA, KOTTAYAM DISTRICT, PIN-686 577.

¶109

6 RAJEEV.C.K, RESIDING AT CHEERAMKULATHU VEEDU, ELIKULAM.P.O, KOTTAYAM DISTRICT, PIN-686 577.

¶110

7 P.K.MATHACHAN, RESIDING AT PUTHENPARAMBIL, PUNNATHURA EAST.P.O, KOTTAYAM DISTRICT, PIN-686 583.

¶111

ADV. SRI.K.P.RAJEEVAN

¶112

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶113

RP 1130/22 & connected cases

¶114

¶115

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶116

PRESENT

¶117

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶118

THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944
RP NO. 1163 OF 2022

¶119

AGAINST THE JUDGMENT IN WP(C) 29859/2022 DATED 20.09.2022

¶120

REVIEW PETITIONERS:

¶121

1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶122

2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶123

3 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶124

4 THE EXECUTIVE DIRECTOR (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶125

5 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶126

6 THE ERNAKULAM DISTRICT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION AT ALUVA DEPOT - 683 101.

¶127

BY ADV DEEPU THANKAN

¶128

RESPONDENTS:

¶129

1 BINDU K S, AGED 56 YEARS, W/O.K.G.THILAKAN, RESIDING AT KADAVIL HOUSE, KUTTAMASSERY, THOTTUMUGHAM.P.O., ALUVA - 5 (SUPERINTENDENT, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.05.2022, FROM N.PARAVUR DEPOT).

¶130

2 RADHAKRISHNAN.P.S., AGED 56 YEARS PULLARKATT HOUSE, ANDIPPILLIKKAVU, MOOTHAKUNNAM.P.O., (VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.04.2022 FROM N. PARAVUR DEPOT).

¶131

RP 1130/22 & connected cases

¶132

¶133

ADV. SRI.K.P.JUSTINE

¶134

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶135

RP 1130/22 & connected cases

¶136

¶137

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶138

PRESENT

¶139

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶140

THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶141

RP NO. 1167 OF 2022

¶142

AGAINST THE JUDGMENT IN WP(C) 23359/2022 DATED 19.07.2022

¶143

1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM – 695023.

¶144

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

¶145

3 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM – 686666.

¶146

BY ADV DEEPU THANKAN

¶147

RESPONDENTS:

¶148

1 WILSON A.D., AGED 56 YEARS, S/O. DEVASSY, EDAPPOLAVAN HOUSE, KOTTAPADY, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686692 (DRIVER-KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM DEPOT - RETIRED ON 28.02.2022).

¶149

2 SHAJAN M.K, AGED 56 YEARS, S/O. EACHARAN, MATTANAYIL HOUSE, CHERUVATTOOR.P.O, KOTHAMANGAIAM, ERNAKULAM DISTRICT, PIN-686691 (DRIVER-KERALA STATE ROAD TRANSPORT CORPORATION KOTHAMANGALAM DEPOT - RETIRED ON 31.03.2022.)

¶150

3 JOJI JOSEPH, AGED 56 YEARS, S/O. VARKEY JOSEPH, THUMBANEREPPEL HOUSE, RAMALLOOR, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, PIN-686691 (DRIVERKERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM DEPOT - RETIRED ON 30.04.2022).

¶151

4 JAYAN V.N, AGED 56 YEARS, S/O. MADHAVAN NAIR,

¶152

RP 1130/22 & connected cases

¶153

¶154

VETTUKATTIL HOUSE, THRIKKARIYOOR, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PIN-686692 (DRIVER-KERALA
STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM
DEPOT - RETIRED ON 30.04.2022).

¶155

5 SURESH K.G, AGED 56 YEARS, S/O. GOPALAN.K.A, KEEDASSERIL HOUSE, CHELAD P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686681 (MECHANIC-KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM DEPOT -RETIRED ON 30.04.2022).

¶156

6 KAREEM T.M, AGED 56 YEARS, S/O. MOHAMMED, THANDATHIL HOUSE, NELLIKUZHY P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686691 (CONDUCTOR-KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM DEPOT - RETIRED ON 30.04.2022).

¶157

7 BIJUMON V.S, AGED 56 YEARS, S/O. SATHYAVAN, VALIYAPARAMBIL HOUSE, NJAYAPPILLY P.O., THATTEKAD, ERNAKULAM DISTRICT, PIN-686681 (DRIVER-KERALA STATE ROAD TRANSPORT CORPORATION,KOTHAMANGALAM DEPOT - RETIRED ON 30.04.2022 ).

¶158

8 BABU P.B, AGED 56 YEARS, S/O. P.C.BALAN, ELAMBRA, PULIKUNNATH HOUSE, NELLIKUZHI P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686691 (DRIVER-KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM DEPOT, - RETIRED ON 31.05.2022).

¶159

ADV.SRI.C.V.MILTON

¶160

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶161

RP 1130/22 & connected cases

¶162

¶163

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶164

PRESENT

¶165

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶166

RP NO. 1169 OF 2022

¶167

AGAINST THE JUDGMENT IN WP(C) 32039/2022 DATED 11.10.2022

¶168

REVIEW PETITIONERS:

¶169

1 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN-695023.

¶170

2 FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN -695023.

¶171

3THE DISTRICT OFFICER, KERALA STATE ROAD TRANSPORT
CORPORATION, ALUVA-683101.

¶172

BY ADV SHRI.DEEPU THANKAN, SC, KSRTC

¶173

RESPONDENT:

¶174

JAYAN K.P., AGED 56 YEARS, KUNNUMPURATH HOUSE,
THURAVOOR P.O, VATHAKKAD, ERNAKULAM DISTRICT, PIN-
683572. (DRIVER - KERALA STATE ROAD TRANSPORT
CORPORATION – ANKAMALY, RETIRED ON 31.05.2022).

¶175

ADV.SRI.C.V.MILTON

¶176

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶177

RP 1130/22 & connected cases

¶178

¶179

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶180

PRESENT

¶181

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶182

THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944 RP NO. 1174 OF 2022

¶183

AGAINST THE JUDGMENT IN WP(C) 29443/2022 DATED 16.09.2022

¶184

REVIEW PETITIONERS:

¶185

1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695 023.

¶186

2 ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVALLA DEPOT, PATHANAMTHITTA DISTRICT, PIN- 689 101.

¶187

BY ADV DEEPU THANKAN

¶188

RESPONDENTS:

¶189

1 RAMACHANDRAN C., AGED 56 YEARS, (DRIVER, KSRTC, THIRUVALLA DEPOT, RETIRED ON 31.5.2022), RESIDING AT KOTTACKAL VEEDU, MADAPPALLY.P.O, CHANGANASSERI, KOTTAYAM DISTRICT, PIN-686 546.

¶190

2 MOHANAKUMAR.E.S,(HEAD VEHICLE SUPERVISOR, KSRTC, THIRUVALLA DEPOT, RETIRED ON 31.5.2022), RESIDING AT ETTICKAL HOUSE, NOORMAVU.P.O, MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN 689 589.

¶191

3 VIJAYAN.E., (DRIVER, KSRTC, THIRUVALLA DEPOT, RETIRED ON 31.5.2022), RESIDING AT ETTICKAL HOUSE, MALLAPPALLY.P.O, PATHANAMTHITTA DISTRICT, PIN-689 585.

¶192

4 MANMADAKURUP.R, (DRIVER, KSRTC, THIRUVALLA DEPOT, RETIRED ON 31.5.2022), RESIDING AT CHERACKAL HOUSE, CHAMPAKKARA.P.O, KARUKACHAL, KOTTAYAM DISTRICT, PIN-686 540

¶193

ADV. SRI.K.P.RAJEEVAN

¶194

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶195

RP 1130/22 & connected cases

¶196

¶197

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶198

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶199

RP NO. 1175 OF 2022

¶200

AGAINST THE JUDGMENT IN WP(C) 28292/2022 DATED 31.08.2022

¶201

REVIEW PETITIONERS:

¶202

1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY TS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695 023.

¶203

2 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR DEPOT, THRISSUR DISTRICT, PIN-680 001.

¶204

BY ADV DEEPU THANKAN

¶205

RESPONDENT:

¶206

RAMACHANDRAN R, (DRIVER, KSRTC, THRISSUR DEPOT,
RETIRED ON 28.2.2022), RESIDING AT AYILYAM HOUSE,
THEKKETHARA, PAZHAYANNUR.P.O, THRISSUR DISTRICT,
PIN-680 587.

¶207

SRI.K.P.RAJEEVAN

¶208

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶209

RP 1130/22 & connected cases

¶210

¶211

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶212

PRESENT

¶213

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶214

RP NO. 1176 OF 2022

¶215

AGAINST THE JUDGMENT IN WP(C) 24903/2022 DATED 02.08.2022

¶216

REVIEW PETITIONERS:

¶217

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

¶218

2 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023.

¶219

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

¶220

BY ADV DEEPU THANKAN

¶221

RESPONDENTS:

¶222

M.K.JOY, AGED 56 YEARS, S/O. KOCHAPPAN, MORELY
HOUSE, MOTHIRAKANNI P.O., THOOMABACODE, THRISSUR
DISTRICT, PIN- 680 724 (DRIVER-KERALA STATE ROAD
TRANSPORT CORPORATION, CHALAKUDY DEPOT, - RETIRED
ON 31/05/2022)

¶223

ADV. SRI.C.V.MILTON

¶224

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶225

RP 1130/22 & connected cases

¶226

¶227

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶228

PRESENT

¶229

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶230

THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944 RP NO. 1177 OF 2022

¶231

AGAINST THE JUDGMENT IN WP(C) 27819/2022 DATED 11.10.2022

¶232

REVIEW PETITIONERS:

¶233

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

¶234

2 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM, PIN-695 023.

¶235

3 THE PERSONNEL OFFICER(PENSION & AUDIT) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM, PIN-695 023.

¶236

4 THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, CHADAYAMANGALAM DEPOT, KOTTAYAM DISTRICT- 691 534.

¶237

BY ADV DEEPU THANKAN

¶238

RESPONDENTS:

¶239

1 PUSHPARAJ P, AGED 56 YEARS, S/O PUSHKARAN, CHARUVILA VEEDU, KOTTAPPURAM, ELAMPAZHANNOOR.P.O, KADAKKAL, KOLLAM DIST.- 691 534. (DRIVER- SPECIAL GRADE, KERALA STATE ROAD TRANSPORT CORPORATION, CHADAYAMANGALAM DEPOT RETIRED ON 31/05/2022).

¶240

2 VENUGOPAL.G, AGED 56 YEARS, S/O.V. GOPALAKRISHNA PILLAI, AMBADY, THALACHIRA.P.O, KOTTARAKKARA, KOLLAM DISTRICT-691 538. (DRIVER- SPECIAL GRADE, KERALA STATE ROAD TRANSPORT CORPORATION, CHADAYAMANGALAM DEPOT RETIRED ON 31/05/2022).

¶241

ADV. SRI.N.ANANDA RAJAN

¶242

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶243

RP 1130/22 & connected cases

¶244

¶245

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶246

PRESENT

¶247

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶248

RP NO. 1197 OF 2022

¶249

AGAINST THE JUDGMENT IN WP(C) 30800/2022 DATED 28.09.2022

¶250

REVIEW PETITIONERS:

¶251

1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN 695 023

¶252

2 ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA DEPOT, CHERTHALA, ALAPUZHA DISTRICT 688 524

¶253

BY ADV DEEPU THANKAN

¶254

RESPONDENTS:

¶255

1 AJAYAKUMAR V A, RESIDING AT VADAKKEANCHANTHARA, KADAKKARAPPALLY PO, CHERTHALA, ALAPPUZHA DISTRICT, PIN 688 526

¶256

2 SANTHOSH KUMAR KT, RESIDING AT DEVI VILASAM, TRICHATTUKULAM PO, CHERTHALA, ALAPPUZHA DISTRICT, PIN 688 526.

¶257

ADV. SRI.K.P.RAJEEVAN

¶258

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶259

RP 1130/22 & connected cases

¶260

¶261

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶262

PRESENT

¶263

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944 RP NO. 1203 OF 2022

¶264

AGAINST THE JUDGMENT IN WP(C) 37198/2022 DATED 21.11.2022

¶265

REVIEW PETITIONERS:

¶266

1 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT. P.O, THIRUVANANTHAPURAM – 695023.

¶267

2 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT. P.O, THIRUVANANTHAPURAM, PIN – 695023

¶268

3 THE DISTRICT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PAPPANAMCODE, THIRUVANANTHAPURAM – 695018.

¶269

BY ADV DEEPU THANKAN

¶270

RESPONDENT:

¶271

REMADEVI M.C, AGED 56 YEARS, W/O. NARAYANAN
NAIR.B, VIHGNESH, T.C 42/268-1, DEVI NAGAR-3,
SREEVARAHAM, MANACAUD.P.O, THIRUVNANTHAPURAM
DISTRICT, PIN-695009 (SUPERINTENDENT-KERALA STATE
ROAD TRANSPORT CORPORATION, VIKAS BHAVAN- RETIRED
ON 31.05.2022)

¶272

BY ADV C.V.MILTON

¶273

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶274

RP 1130/22 & connected cases

¶275

¶276

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶277

PRESENT

¶278

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶279

THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944 RP NO. 1205 OF 2022

¶280

AGAINST THE JUDGMENT IN WP(C) 27523/2022 DATED 29.08.2022

¶281

REVIEW PETITIONERS:

¶282

1 MANAGING DIRECTOR, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023.

¶283

2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023.

¶284

3 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023.

¶285

4 THE EXECUTIVE DIRECTOR(ADMINISTRATION ), KERALA STATE ROAD TRANSPORT TRANSPORT BHAVAN, EAST FORT, CORPORATION, THIRUVANANTHAPURAM-695023.

¶286

5 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023.

¶287

6 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, N.PARAVUR DEPOT683513. 7 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM DEPOT-686691.

¶288

BY ADV DEEPU THANKAN

¶289

RESPONDENTS:

¶290

1 AJITHKUMAR.P.D., AGED 56 YEARS, S/O.P.K.DAMODARAN, RESIDING AT PUTHENPARAMBIL HOUSE, MANJALI, MANNAM.P.O, N.PARAVUR683520, (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION), RETIRED ON 31.05.2022, FROM N.PARAVUR DEPOT).

¶291

2 JOSEPH K.A, AGED 56 YEARS, S/O AUGUSTINE.K.V, KANAKKASSERY HOUSE, EDAVANAKKAD.P.O, VYPIN-682502, (CONDUCTOR, KERALA STATE ROAD TRANSPORT

¶292

RP 1130/22 & connected cases

¶293

¶294

CORPORATION), RETIRED ON 31.05.2022, FROM
N.PARAVUR DEPOT).

¶295

3 JAYASANKAR.P.G, AGED 56 YEARS, S/O. P.K. GANGADHARAN, VELNILAYAM HOUSE, KANNACHIRAYIL, KEDAMANGALAM, N.PARAVUR.P.O, PIN-683513. (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION), RETIRED ON 31.05.2022, FROM N.PARAVUR DEPOT).

¶296

4 SIBI.V.A, AGED 56 YEARS, S/O.ANTONY.V, VADASSERY HOUSE, NAYARAMBALAM.P.O, KUDUNGASSERY, VYPIN682509, (DRIVER KERALA STATE ROAD TRANSPORT CORPORATION), RETIRED ON 30.04.2022, FROM N.PARAVUR DEPOT).

¶297

5 JOSE KURIAN.K, AGED 56 YEARS, S/O.KURIAKOSE, KOOTTALA HOUSE, KARAMPADY, ALANGAD.P.O, PIN683513, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION), RETIRED ON 31.01.2022, FROM N.PARAVUR DEPOT).

¶298

6 JOSE G.ARAKKAL, AGED 56 YEARS, S/O.GEORGE.A.J, ARAKKAL HOUSE, EAST OF VADAYIL CHURCH, NAYARAMBALAM.P.O, VYPIN-682509, (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION), RETIRED ON 31.05.2022, FROM KOTHAMANGALAM DEPOT).

¶299

ADV. SRI.K.P.JUSTINE

¶300

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶301

RP 1130/22 & connected cases

¶302

¶303

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶304

PRESENT

¶305

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶306

THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944 RP NO. 1211 OF 2022

¶307

¶308

1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM – 695023.

¶309

2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM – 695023.

¶310

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

¶311

4 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM – 695023.

¶312

5 THE DEPUTY CHIEF ACCOUNTS OFFICER(PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM – 695023.

¶313

6 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PERUMBAVOOR DEPOT – 683101.

¶314

7 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM DEPOT – 683101.

¶315

8 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA DEPOT – 683101.

¶316

BY ADV DEEPU THANKAN

¶317

RESPONDENTS:

¶318

1 JOSE WILLIAMS V.A., AGED 56 YEARS, S/O.ANTONY V M., RESIDING AT VALIYAPARAMBIL HOUSE, B2 G3 K B

¶319

RP 1130/22 & connected cases

¶320

¶321

PARK, VATTEKKUNNAM, EDAPPALLY, COCHIN - 682024
(CHARGE-MAN, KERALA STATE ROAD TRANSPORT
CORPORATION, RETIRED ON 30.04.2022 FROM ERNAKULAM
DEPOT).

¶322

2 VISWAMBARAN C.V., AGED 56 YEARS, S/O. C A VITHAN, RESIDING AT CHIRAKKAPADY HOUSE, KOLLAMKUDIMUGHAL, THRIKKAKARA, COCHIN - 682021 (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.01.2022 FROM PERUMBAVOOR DEPOT).

¶323

3 RAJU K.U., AGED 56 YEARS, S/O. UNTAN RESIDING AT KUZHIMATTATHIL HOUSE, PARIYARAM MEENPARA P.O., ERNAKULAM - 682308 (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 28.02.2022 FROM ERNAKULAM DEPOT).

¶324

4 DANIEL I.A., AGED 56 YEARS, S/O. LATE ANTONY, RESIDING AT ILLIKKAL HOUSE, IV/44 A SUNDARAGIRI ROAD KALAMASSERRY ERNAKULAM - 683104 (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.01.2022 FROM ERNAKULAM DEPOT).

¶325

5 JUDE K.A., AGED 56 YEARS, S/O. K T AUGUSTINE, RESIDING AT KUNNEL HOUSE, PUTHENTHODE, KANNAMALY, ERNAKULAM -682008 (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 28.02.2022 FROM ALUVA DEPOT).

¶326

6 MURALI P.C., AGED 56 YEARS, S/O. P G CHAMY, RESIDING AT PONNETHUPARAMBIL HOUSE, PARATTU LANE ALUVA ERNAKULAM 683101 (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.04.2022 FROM ALUVA DEPOT).

¶327

ADV. SRI.K.P JUSTINE

¶328

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶329

RP 1130/22 & connected cases

¶330

¶331

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶332

PRESENT

¶333

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶334

THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944
RP NO. 1213 OF 2022

¶335

AGAINST THE JUDGMENT IN WP(C) 18776/2022 DATED 06.07.2022

¶336

REVIEW PETITIONERS:

¶337

1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM -695023.

¶338

2 DISTRICT TRANSPORT OFFICER KSRTC, PATHANAPURAM DEPOT, PATHANAMTHITTA DISTRICT – 699696.

¶339

3 DISTRICT TRANSPORT OFFICER KSRTC, CHENGANOOR DEPOT, PATHANAMTHITTA DISTRICT – 699696.

¶340

BY ADV DEEPU THANKAN

¶341

RESPONDENTS:

¶342

1 PREMAKUMARI K.G., RESIDING AT GOWRI COTTAGE MURINJAKAL P.O., KOODAL, PATHANAMTHITTA DISTRICT - 689 693, (SUPERINTENDENT, KSRTC PATHANAPURAM DEPOT, RETIRED ON 28/2/2022).

¶343

2 VENU ACHARY K, RESIDING AT CHALACHERIL THEKKETHIL, KUDASSANAD P.O., PANDALAM, PATHANAMTHITTA DISTRICT - 689 512 (BLACK SMITH, KSRTC CHENGANOOR DEPOT, RETIRED ON 31/5/2022)

¶344

ADV. SRI.N. SASIDHARAN UNNITHAN

¶345

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶346

RP 1130/22 & connected cases

¶347

¶348

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶349

PRESENT

¶350

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶351

RP NO. 1214 OF 2022

¶352

AGAINST THE JUDGMENT IN WP(C) 21153/2022 DATED 14.07.2022

¶353

REVIEW PETITIONERS:

¶354

1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695023.

¶355

2 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, FORT, THIRUVANANTHAPURAM, PIN-695023.

¶356

3 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THODUPUZHA DEPOT, THODUPUZHA, ERNAKULAM DISTRICT, PIN-685584.

¶357

BY ADV DEEPU THANKAN

¶358

RESPONDENTS:

¶359

ABDUL SAKEER K.H., (DRIVER, KSRTC, THODUPUZHA
DEPOT, RETIRED ON 31.1.2018), RESIDING AT
KOMBANAPARAMBIL HOUSE, KARIKODE P.O., THODUPUZHA
EAST, IDUKKI DISTRICT, PIN-685585.

¶360

ADV. SRI.K.P. RAJEEVAN

¶361

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶362

RP 1130/22 & connected cases

¶363

¶364

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶365

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶366

RP NO. 1221 OF 2022

¶367

AGAINST THE JUDGMENT IN WP(C) 19641/2022 DATED 11.07.2022

¶368

REVIEW PETITIONERS:

¶369

1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695023.

¶370

2 ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNOOR DEPOT, CHATHANNUR, KOLLAM DISTRICT, PIN-691572.

¶371

BY ADV DEEPU THANKAN

¶372

RESPONDENTS:

¶373

R. AJI, (SUPERINTENDENT, KSRTC, CHATHANNOOR DEPOT,
RETIRED ON 30.4.2022), RESIDING AT PRADEEKSHA, NEW
AYSWARYA NAGAR-44, VADAKKEVILA P.O., KOLLAM
DISTRICT, PIN-691010.

¶374

ADV. SRI.K.P. RAJEEVAN

¶375

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶376

RP 1130/22 & connected cases

¶377

¶378

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶379

PRESENT

¶380

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶381

RP NO. 1223 OF 2022

¶382

AGAINST THE JUDGMENT IN WP(C) 18979/2022 DATED 06.07.2022

¶383

REVIEW PETITIONERS:

¶384

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

¶385

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

¶386

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

¶387

BY ADV DEEPU THANKAN

¶388

RESPONDENT:

¶389

SAM P.D, AGED 56 YEARS, S/O. DANIEL, PARAKKAL
HOUSE, THALANADU P.O, KOTTAYAM DISTRICT, PIN-686
580 (CONDUCTOR- KERALA STATE ROAD TRANSPORT
CORPORATION, MALA DEPOT, - RETIRED ON 30.04.2022).

¶390

ADV. SRI.C.V.MILTON

¶391

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶392

RP 1130/22 & connected cases

¶393

¶394

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶395

PRESENT

¶396

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶397

THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944
RP NO. 1230 OF 2022

¶398

¶399

1 KERALA STATE ROAD TRANSPORT CORPORATION , REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT,THIRUVANANTHAPURAM, PIN – 695023.

¶400

2 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANACHERRY DEPOT, KOTTAYAM DISTRICT, PIN – 686101.

¶401

BY ADV DEEPU THANKAN

¶402

RESPONDENTS:

¶403

1 BABU XAVIER, (DRIVER, KSRTC, CHANGANACHERRY DEPOT, RETIRED ON 30.04.2022), RESIDING AT KUNNEL PARAMBIL, KOOTHRAPPALLY P.O, KARUKACHAL, KOTTAYAM DISTRICT,

¶404

PIN – 686540.

¶405

2 RAJENDRAN M.S, (VEHICLE SUPERVISOR, KSRTC, CHANGANACHERRY DEPOT, RETIRED ON 31.05.2022), RESIDING AT MARUTHI BHAVAN, POOTHOTTA P.O, ERNAKULAM DISTRICT, PIN – 687307.

¶406

3 SOJU GEORGE, (DRIVER, KSRTC, CHANGANACHERRY DEPOT, RETIRED ON 31.05.2022), RESIDING AT MAMOOTTIL HOUSE, KUZHIMATTORM P.O, KOTTAYAM DISTRICT, PIN – 686533.

¶407

4 RADHAKRISHNAN R, (DRIVER, KSRTC, CHANGANACHERRY DEPOT, RETIRED ON 31.05.2022), RESIDING AT KUNNAKKUTTU P.O, CHANGANACHERRY, PUTHENPARAMPU KOTTAMURAI KOTTAYAM DISTRICT, PIN-686505.

¶408

5 SHIBU PHILIP, (DRIVER, KSRTC, CHANGANACHERRY DEPOT, RETIRED ON 31.05.2022), RESIDING AT EDATHUMPARAMPIL, NEELAMPEROOR P.O, ALAPPUZHA DISTRICT, PIN – 686534.

¶409

RP 1130/22 & connected cases

¶410

¶411

ADV. SRI.K.P. RAJEEVAN

¶412

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶413

RP 1130/22 & connected cases

¶414

¶415

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶416

PRESENT

¶417

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶418

THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944
RP NO. 1240 OF 2022

¶419

AGAINST THE JUDGMENT IN WP(C) 30640/2022 DATED 27.09.2022

¶420

REVIEW PETITIONERS:

¶421

1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN-695023.

¶422

2 FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN-695023.

¶423

3 THE DISTRICT TRANSPORT OFFICER, KERALA STATE TRANSPORT CORPORATION, PALAKKAD -678014 .

¶424

BY ADV SHRI.DEEPU THANKAN, SC, KSRTC

¶425

RESPONDENTS:

¶426

1 KRISHNAKUMAR R., AGED 56 YEARS, S/O. RAGHAVAN, POOVAKKODE HOUSE. VADAKKUMMURI, KANNADI.P.O, PALAKKAD DISTRICT, PIN-678701 ((VEHICLE SUPERVISOR-KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT, RETIRED ON 31.05.2022).

¶427

2 SANKARAN.T, AGED 56 YEARS, S/O. THEYYAPPAN, KUDUVAKODE HOUSE, VADAKKUMMURI, KANNADI.P.O, PALAKKAD DISTRICT, PIN678701, (DRIVERKERALA, STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT, RETIRED ON 31.05.2022)

¶428

3 MURALEEDHARAN.C.P, AGED 56 YEARS, S/O. PAZHANAN, KUNNUPARAMBU HOUSE, CHORAKODE.P.O, PERUVAMBU, PALAKKAD DISTRICT, PIN-678531 (DRIVER- KERALA, STATE ROADTRANSPORT CORPORATION, PALAKKAD DEPOT, RETIRED ON 31.05.2022).

¶429

RP 1130/22 & connected cases

¶430

¶431

4 SHIBU.K.S, AGED 56 YEARS, S/O. SIVARAMAN, PALLIKANDATH HOUSE, KADUMTHURUTHI, YAKKARA.P.O, PALAKKAD DISTRICT, PIN678701 (DRIVER- KERALA, STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT, RETIRED ON 31.05.2022) .

¶432

5 MOHANARAJAN.O N, AGED 56 YEARS, S/O. NAGAN, KIZHAKKEKARA HOUSE, NOCHUPULLY.P.O, MUNDOOR, PALAKKAD DISTRICT, PIN-678592 (DRIVER-KERALA STATE ROAD, TRANSPORT CORPORATION, PALAKKAD DEPOT, RETIRED ON 31.05.2022).

¶433

6 VENUKUMAR.V T, AGED 56 YEARS, S/O. THANKAPPAN.V.K, KALAYATHUNGAL HOUSE, THENNALAPURAM P.O., ANJUMOORTHY, PALAKKAD DISTRICT, 678 682, (DRIVERKERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT, RETIRED ON 31.05.2022.).

¶434

7 VENUGOPALAN.C, AGED 56 YEARS, S/O. CHAMIAR, KANGATH HOUSE, CHEEKUZHI, AKATHETHARA.P.O, PALAKKAD DISTRICT, PIN-678008 (DRIVER-KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT, RETIRED ON 31.05.2022).

¶435

8 BABU.T.C, AGED 56 YEARS, S/O. CHERIAN, THADIKULAGARA HOUSEVADAKKANCHIRA, KAIRADI.P.O, PALAKKAD DISTRICT, PIN-678510 (DRIVER KERALA, STATE ROAD TRANSPORT CORPORATION PALAKKAD DEPOT, RETIRED ON 31.05.2022).

¶436

9 PREMADASAN.T.P, AGED 56 YEARS, S/O. KRISHNAN, THANNIKARA PADINJARETHIL HOUSE, KODUMUNDA.P.O, PATTAMBI, PALAKKAD DISTRICT, PIN(DRIVER-KERALA STATE 679303 TRANSPORT CORPORATION, PALAKKAD DEPOT, RETIRED ON 31.05.2022).

¶437

10 SURESH.V, AGED 56 YEARS, S/O. VELLA, KUPPAKAD HOUSE, KUZHALMANNAM.P.O, PALAKKAD DISTRICT, PIN678702 (DRIVER KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT, RETIRED ON 31.05.2022).

¶438

11 CHENTHAMARAKSHAN.M, AGED 56 YEARS, S/O. T.P.MADHAVAN, PERIPADOM KALAM, ETHANUR.P.O, PALAKKAD DISTRICT, PIN-678503 (CONDUCTOR-KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT, RETIRED ON 31.05.2022).

¶439

RP 1130/22 & connected cases

¶440

¶441

12 RAJAN.A, AGED 56 YERAS, S/O. ANDI, ANNAPURAMKADE, KINASSERY.P.O, PALAKKAD DISTRICT, PIN-678703 (STATION CORPORATION, MASTER-KERALA STATE ROAD TRANSPORT PALAKKAD DEPOT, RETIRED ON 31.05.2022).

¶442

ADV. SRI. C.V.MILTON

¶443

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶444

RP 1130/22 & connected cases

¶445

¶446

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶447

PRESENT

¶448

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶449

RP NO. 1244 OF 2022

¶450

AGAINST THE JUDGMENT IN WP(C) 22056/2022 DATED 08.07.2022

¶451

REVIEW PETITIONERS:

¶452

1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED

¶453

BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM, PIN-695023.

¶454

2 ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA DEPOT, ALUVA, ERNAKULAM DISTRICT, PIN-683101.

¶455

3 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THODUPUZHA DEPOT, THODUPUZHA, IDUKKI DISTRICT, PIN-685584.

¶456

BY ADV DEEPU THANKAN

¶457

RESPONDENTS:

¶458

1 SOMASEKHARAN V.E, (DRIVER, KSRTC, ALUVA DEPOT, RETIRED ON 31.5.2022),RESIDING AT NIRMALYAM HOUSE, ELAMKUNNAPUZHA P.O, ERNAKULAM DISTRICT, PIN682503.

¶459

2 ABDUL KHADER V.A, (DRIVER, KSRTC, ALUVA DEPOT, RETIRED ON 31.5.2022), RESIDING AT VANIYAKKATTU HOUSE, MUDICKAL P.O, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683547.

¶460

3 ABDUL SALAM K.M, (DRIVER, KSRTC, ALUVA DEPOT, RETIRED ON 31.5.2022), RESIDING AT VADAKKEDATHU, KODIMUTTAM, WEST KADUNGALLOR P.O., ERNAKULAM DISTRICT, PIN-683110.

¶461

RP 1130/22 & connected cases

¶462

¶463

4 ABOOBAKER N.A, (DRIVER, KSRTC, ALUVA DEPOT, RETIRED ON 31.5.2022), AT RESIDING NJALIYAR HOUSE, SOUTH VAZHAKKULAM P.O, ERNAKULAM DISTRICT, PIN683105.

¶464

5 DAVIS T.P, (DRIVER, KSRTC, ALUVA DEPOT, RETIRED ON 31.5.2022), RESIDING AT THEKKANATH HOUSE, CHENGAMANAD P.O, ERNAKULAM DISTRICT, PIN-683578.

¶465

6 GOPALAKRISHNAN K, (DRIVER, KSRTC, ALUVA DEPOT, RETIRED ON 31.5.2022), RESIDING AT MOLATHU HOUSE, ERUMPANAM P.O, ERNAKULAM DISTRICT, PIN-682309.

¶466

7 JALESAN P.S, (DRIVER, KSRTC, ALUVA DEPOT, RETIRED ON 31.5.2022), RESIDING AT POYYARA HOUSE, ALANGAD, KOTTAPPURAM P.O, ERNAKULAM DISTRICT, PIN-683511.

¶467

8 SHABU P.K, (CONDUCTOR, KSRTC, ALUVA DEPOT, RETIRED ON 31.5.2022), RESIDING AT PADAPARAMBATHU HOUSE, ELAVOOR P.O, ANGAMALI, ERNAKULAM DISTRICT, PIN683572.

¶468

9 USHA KUMARI T.R, (SUPERINTENDANT, KSRTC, THODUPUZHA, RETIRED ON 31.3.2022) RESIDING AT PUTHEN PARAMBIL, T.V.PURAM P.O, VAIKOM, KOTTAYAM DISTRICT, PIN-686606.

¶469

10 STATE OF KERALA, REPRESENTED BY THE SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶470

ADV. SRI.K.P. RAJEEVAN

¶471

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶472

RP 1130/22 & connected cases

¶473

¶474

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶475

PRESENT

¶476

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶477

RP NO. 1253 OF 2022

¶478

AGAINST THE JUDGMENT IN WP(C) 30186/2022 DATED 23.09.2022

¶479

REVIEW PETITIONERS:

¶480

1 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN 695 023.

¶481

2 ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA DEPOT, CHERTHALA, ALAPPUZHA DISTRICT, PIN 688 524.

¶482

BY ADV SHRI.DEEPU THANKAN, SC, KSRTC

¶483

RESPONDENTS:

¶484

1 REMESAN C.T., (DRIVER, KSRTC, CHERTHALA DEPOT, RETIRED ON 31.05.2022), RESIDING AT ROHINI NIVAS, POOCHAKKAL PO, CHERTHALA, ALAPPUZHA DISTRICT, PIN 688 526.

¶485

2 SULAIMAN P, (DRIVER, KSRTC, CHERTHALA DEPOT, RETIRED ON 31.05.2022), RESIDING AT THAICHIRA, PANAVALLY PO, CHERTHALA, ALAPPUZHA DISTRICT, PIN 688 526.

¶486

3 DEVADAS V.D,(DRIVER, KSRTC, CHERTHALA DEPOT, RETIRED ON 31.05.2022), RESIDING AT VADAKKAKATHY HOUSE, EZHUPUNNA PO, CHERTHALA, ALAPPUZHA DISTRICT, PIN 688 537.

¶487

¶488

SUKHALAL T.P., (DRIVER, KSRTC, CHERTHALA DEPOT,
RETIRED ON 31.05.2022), RESIDING AT THEKEMURIYIL,
CHERTHALA, ARTHUNKAL PO, ALAPPUZHA DISTRICT,
PIN 688 530

¶489

RP 1130/22 & connected cases

¶490

¶491

ADV. SRI.K.P. RAJEEVAN

¶492

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶493

RP 1130/22 & connected cases

¶494

¶495

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶496

PRESENT

¶497

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶498

THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944
RP NO. 1277 OF 2022

¶499

AGAINST THE JUDGMENT IN WP(C) 30980/2022 DATED 29.09.2022

¶500

REVIEW PETITIONERS:

¶501

1 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICER, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, 2 PIN 695 023. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KILIMANOOR DEPOT, CHERTHALA, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN 695 601.

¶502

BY ADV DEEPU THANKAN

¶503

RESPONDENTS:

¶504

1 JESSY N, RESIDING AT MAMBAZHAVILA VEEDU, PATTARA, KALLARA PO, THIRUVANANTHAPURAM DISTRICT, PIN 695 608.

¶505

2 V.VIJAYAN, RESIDING AT MAKAYIRAM, NAGAROOR PO, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN 695 601.

¶506

ADV. SRI.K.P. RAJEEVAN

¶507

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶508

RP 1130/22 & connected cases

¶509

¶510

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶511

PRESENT

¶512

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶513

THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶514

RP NO. 5 OF 2023

¶515

AGAINST THE JUDGMENT IN WP(C) 31060/2022 DATED 29.09.2022

¶516

REVIEW PETITIONERS:

¶517

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

¶518

2 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN-695 023

¶519

3 THE PERSONNEL OFFICER (PENSION & AUDIT), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN-695 023

¶520

4 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, NEDUMANGAD DEPOT, THIRUVANANTHAPURAM, PIN-695 541

¶521

BY ADV DEEPU THANKAN

¶522

RESPONDENTS:

¶523

1 A.NUJUM, AGED 56 YEARS, S/O. ABDUL RAZAK, V.P HOUSE, KANYAKULANGARA , VEMBAYAM P.O., THIRUVANANTHAPURAM-695 615 ( DRIVER-KERALA STATE ROAD TRANSPORT CORPORATION, NEDUMANGAD DEPOTRETIRED ON 31.05.2022)

¶524

2 A. NAZARUDEEN, AGED 56 YEARS, S/O. ABDUL KAREEM, VILAYIL-VEEDU, PANAVOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM-695 568 ( DRIVER-I GRADE, KERALA STATE ROAD TRANSPORT CORPORATION, NEDUMANGAD DEPOT-RETIRED ON 30.04.2022).

¶525

ADV. SRI. N. ANANDA RAJAN

¶526

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶527

RP 1130/22 & connected cases

¶528

¶529

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶530

PRESENT

¶531

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶532

THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944 RP NO. 11 OF 2023

¶533

AGAINST THE JUDGMENTWP(C) 29486/2022 DATED 26.09.2022

¶534

REVIEW PETITIONERS:

¶535

1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY THE MANAGING DIRECTOR, HEAD OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN-695 023

¶536

2 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA DEPOT, ALAPPUZHA DISTRICT,PIN-688 524

¶537

BY ADV DEEPU THANKAN

¶538

RESPONDENTS:

¶539

1 RADHAKRISHNAN P T, AGED 56 YEARS, RESIDING AT AJIL NIVAS, MANAPURAM P.O., CHERTHALA, ALAPUZHA-688 526

¶540

2 AUTHORISED OFFICER, STATE BANK OF INDIA, RASMEC, IRON BRIDGE ROAD, ALAPPUZHA, PIN-688 011

¶541

ADV. SRI.K.P. RAJEEVAN

¶542

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶543

RP 1130/22 & connected cases

¶544

¶545

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶546

PRESENT

¶547

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶548

RP NO. 18 OF 2023

¶549

AGAINST THE JUDGMENT IN WP(C) 40299/2022 DATED 13.12.2022

¶550

REVIEW PETITIONERS:

¶551

1 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY IT'S MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN – 695023

¶552

2 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER TEH KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN – 695023

¶553

3 THE DISTRICT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PAPPANAMCODE, THIRUVANANTHAPURAM, PIN – 695018

¶554

BY ADV DEEPU THANKAN

¶555

RESPONDENTS:

¶556

S.S. SELVA KUMAR, AGED 56 YEARS, S/O

¶557

SATHYAMOORTHY, PRANAVAM TC 20/208-1, MELARANOOR,
KARAMANA P.O, THIRUVANANTHAPURAM DISTRICT, PIN –
695002 (SUPERINTENDENT (PEN NO.G 15199) KERALA
STATE ROAD TRANSPORT CORPORATION,CHIEF OFFICE-
RETIRED ON 31.05.2022)

¶558

BY ADV C.V.MILTON

¶559

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶560

RP 1130/22 & connected cases

¶561

¶562

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶563

PRESENT

¶564

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶565

RP NO. 19 OF 2023

¶566

AGAINST THE JUDGMENT IN WP(C) 40181/2022 DATED 13.12.2022

¶567

RESPONDENTS:

¶568

1 SURESH KUMAR P., RESIDING AT MANOHARA SADANAM, VILANGARA CHEPRA P.O., KOTTARAKKARA, KOLLAM PIN – 691520, (CONDUCTOR, KOTTARAKKARA UNIT, RETIRED ON 30/04/2022).

¶569

2 RADHAKRISHNA PILLAI J, KRISHNA BHAVANAM, THENGAMAM P.O., PATHANAMTHITTA DISTRICT(CONDUCTOR ADOOR UNIT RETIRED ON 30/04/2022), PIN – 690522

¶570

3 PRASAD K, RESIDING AT AKHIL NIVAS, ANAKOTTOOR P.O., KOTTARAKKARA, KOLLAM DISTRICT(DRIVER CHADAYAMANGALAM UNIT, RETIRED ON 31/05/2022), PIN – 691505

¶571

BY ADV N.SASIDHARAN UNNITHAN

¶572

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶573

RP 1130/22 & connected cases

¶574

¶575

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶576

PRESENT

¶577

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶578

THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶579

RP NO. 27 OF 2023

¶580

AGAINST THE JUDGMENT IN WP(C) 40301/2022 DATED 13.12.2022

¶581

1 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN FORT P.O., THIRUVANANTHAPURAM, PIN – 695023

¶582

2 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN FORT P.O., THIRUVANATHAPURAM, PIN – 695023

¶583

3 THE DISTRICT OFFICER, THE KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE, PIN – 673661

¶584

BY ADV DEEPU THANKAN

¶585

RESPONDENTS:

¶586

ABDUL BASHEER E., AGED 56 YEARS, S/O KUNHIKOYA
EABASTHAN, KUNDAYITHPDE, KOLATHARA P.O.,
KOZHIKODE, (PAINTER-SELECTION GRADE KERALA STATE
ROAD TRANSPORT CORPORATION, REGIONAL WORKSHOP
KOZHIKODE-RETIRED ON 31.05.2022, PIN – 673655

¶587

BY ADV C.V.MILTON

¶588

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶589

RP 1130/22 & connected cases

¶590

¶591

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶592

PRESENT

¶593

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶594

THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶595

RP NO. 29 OF 2023

¶596

AGAINST THE JUDGMENT IN WP(C) 37359/2022 DATED 23.11.2022

¶597

REVIEW PETITIONERS:

¶598

1 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN – 695023

¶599

2 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT COPORATION , THIRUVANANTHAPURAM CENTRAL DEPOT, THIRUVANANTHAPURAM, PIN – 695001

¶600

3 ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM CENTRAL DEPOT, THIRUVANANTHAPURAM, PIN – 695001

¶601

BY ADV DEEPU THANKAN

¶602

RESPONDENTS:

¶603

1 GOPAKUMAR K, DRIVER, (KSRTC, DEPOT, THIRUVANATHAPURAM CENTRAL DEPOT, RETIRED ON 28.02.2022) RESDING AT ROHINI NIVAS, SIVAN KOVIL ROAD, TC 49/2652, NEMOM P.O., THIRUVANTHAPURAM, PIN – 695020

¶604

2 S. JYOTHIKUMAR, (CHARGE MAN, KSRTC, THIRUVANANTHAPURAM CENTRAL DEPOT RETIRED ON 28.2.2022), RESIDING TC 19/13-3, MEDAMANDIRAM, THELI BHAGAM, THIRUMALA, THIRUVANANTHAPURAM DISTRICT, PIN – 695006

¶605

3 D. SAMKUTTY, (VEHICLE SUPERVISOR, KSRTC, THIRUVANANTHAPURAM CENTRAL DEPORT, RETIRED ON 31.3.2022), RESIDEING AT SEENAY BHAVAN, MELE MANJAMKUZHY, AMARAVILA. P.O, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695001

¶606

4 N.SULPHIKAR, (DRIVER, KSRTC, VENJARAMOODU DEPOT, RETIRED ON 31.5.2022), RESIDING AT SUNEETHA BHAVAN, NANNATTUKAVU, POTHENCODE P.O., THIRUVANANTHAPURAM, PIN – 695584

¶607

RP 1130/22 & connected cases

¶608

¶609

BY ADV K.P.RAJEEVAN

¶610

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶611

RP 1130/22 & connected cases

¶612

¶613

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶614

PRESENT

¶615

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶616

THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944
RP NO. 31 OF 2023

¶617

AGAINST THE JUDGMENT IN WP(C) 38592/2022 DATED 30.11.2022 REVIEW PETITIONERS:

¶618

1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY THE MANAGING DIRECTOR, KSRTC TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM, PIN – 695023

¶619

2 FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KSRTC, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM, PIN – 695023

¶620

3 EXECUTIVE DIRECTOR (PENSION & AUDIT), KSRTC, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM, PIN – 695023

¶621

BY ADV DEEPU THANKAN

¶622

RESPONDENTS:

¶623

1 A JAYAKUMAR, RESIDING AT SANGAMAM, SWATHI NAGAR, MOTTAMOOD, NEMOM, THIRUVANTHAPURAM, PIN – 695020 (INSPECTOR, THIRUVANANTHAPURAM ZONAL UNIT, RETIRED ON 31.05.2022)

¶624

2 VASNATHAKUMARAN PILLAI, RESIDING AT CHAKKALIL PADEETTATHIL, BHARANIKAVU SOUTH, BHARANIKAVU P.O, ALAPPUZHA, PIN – 690503 (INSPECTOR, MAVELIKKARA UNIT, RETIRED ON 31.05.2022)

¶625

3 MADHUSOODANAN NAIR, RESIDING AT KAUSTHUBHAM, ARUKALAIKKAL EAST NEDUMON P.O, PATHANAMTHITTA, PIN – 691556 (INSPECTOR, PUNALUR UNIT, RETIRED ON 31.05.2022)

¶626

4 A. ABDUL SALAM, RESIDING AT ANDOLIL, PALLANA P.O, ALAPPUZA, PIN – 690515 (INSPECTOR, HARIPPAD UNIT, RETIRED ON 30.04.2022)

¶627

RP 1130/22 & connected cases

¶628

¶629

5 ASOKAN B., RESIDING AT MANGALASSERIL, PILAPPUZHA, HARIPPAD, ALAPPUZHA, PIN – 690514 (DRIVER, HARIPPAD UNIT, RETIRED ON 30.04.2022)

¶630

6 BIJENDRA KUMAR B.J, SASTHA PRASADAM, VADAKODE, NEYYATTINKRA P.O, THIRUVANANTHAPURAM, PIN – 691521 (ISPECTOR, NEYYATTINKARA UNIT, RETIRED ON 31.05.2022)

¶631

7 S.SALIM, SHAJI MANZIL, VELLAMKETTUVILA, NEMOM, THIRUVANANTHAPURAM, PIN – 695020 (INSPECTOR, THIRUVANANTHAPURAM SOUTH, RETIRED ON 31.10.2022)

¶632

8 PRAKASAN K.C., KOMATTUCHALIL, KONOTTU P.O, KUNNAMANGALAM, KOZHIKODE, PIN – 673570 (DRIVER, PAPPANAMCODE DEPOT, RETIRED ON 31.05.2022)

¶633

9 RAJU A., SAIRAM HOUSE, PERUMPAZHUTHOOR P.O,, THIRUVANANTHAPURAM, PIN – 695126 (DRIVER, PAPPANAMCODE DEPOT, RETIRED ON 31.05.2022)

¶634

10 SHIBOS S., SREEVISAKHAM, VELLAMKETTUVILA, NEMOM P.O., THIRUVANANTHAPURAM, PIN – 695020 (DRIVER, PAPPANAMCODE DEPOT, RETIRED ON 31.05.2022)

¶635

BY ADV N.SASIDHARAN UNNITHAN

¶636

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶637

RP 1130/22 & connected cases

¶638

¶639

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶640

PRESENT

¶641

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶642

THURSDAY, THE 16TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

¶643

RP NO. 127 OF 2023

¶644

AGAINST THE JUDGMENT IN WP(C) 38386/2022 DATED 30.11.2022

¶645

REVIEW PETITIONERS:

¶646

1 KERALA STATE ROAD TRANSPORT CORPORATION REP BY ITS MANANGING DIRECTOR KSRTC, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN – 695023

¶647

2 FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER KSRTC, TRANSPORT BHAVAN, FORT P.O., THIRUVANNATHAPURAM, PIN – 695023

¶648

3 EXECUTIVE DIRECTOR (PENSION AND AUDIT) KSRTC, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM, PIN – 695023

¶649

BY ADV DEEPU THANKAN

¶650

RESPONDENTS:

¶651

1 SHAHUL HAMEED RAWTHER N M., AGED 56 YEARS RESIDING AT KUTTANYYATH HOUSE, KADAKKAD M.M.JUNCTION, PANDALAM, PATHANAMTHITTA DISTRICT, PIN – 689501 (SPECIAL ASSISTANT CHENGANOOR DEPOT RETIRED ON 30/04/2022).

¶652

2 RADHAKRISHNAN.D., RESIDING AT MELEKOYIPPALLIL HOUSE VADAKKADATHKAV P.O, ADOOR PATHANAMTHITTA DISTRICT (INSPECTOR, CHENGANOOR DEPOT RETIRED ON 31/05/2022)., PIN – 691526

¶653

3 AJITH KUMAR R, RESIDING AT MAYOORAM, THATAHMMANNA, NOORAND ALAPUZHA DISTRICT (INSPECTOR, CHENGANOOR DEPOT RETIRED ON 30/04/2022)., PIN – 690504

¶654

4 MATHEW T.C, RESIDING AT THUMPUMKAL PUTHEN VEEDU, KALLUMPURAM, MAVELIKARA ALAPUZHA DISTRICT-690 101 (DRIVER, CHENGANOOR DEPOT, RETIRED ON 31/05/2022)., PIN – 690101

¶655

5 SHARABUDEEN H, RESIDING AT KODAMVILA PADUTHATTIL

¶656

RP 1130/22 & connected cases

¶657

¶658

VEEDU, CHUNKKARA SOUTH, CHARUMOOD P.O, ALAPUZHA
DISTRICT-690 505 (CONDUCTOR, CHENGANOOR DEPOT,
RETIRED ON 31/05/2022), PIN – 690505

¶659

6 REJIMON V.K, RESIDING AT VARAPPALLIL ANIKKAD P.O, KOTTAYAM DISTRICT (DRIVER, CHENGANOOR DEPOT, RETIRED ON 31/05/2022)., PIN – 686503

¶660

7 T K SAJI, RESIDING AT THYKKANTTETHIL HOUSE, THURIMOOLAPURAM P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT 689115 (VEHICLE SUPERVISOR, THIRUVALLA DEPOT, RETIRED ON 31/05/2022, PIN – 689115

¶661

8 AJU G.S, RESIDING AT 'KAUSTHUBHAM KALANJOOR P.O, PATHANMTHAITTA DISTRICT-689 692 (INSPECTOR, PATHANAPURAM DEPOT, RETIRED ON 31/05/2022)., PIN – 689692

¶662

9 RAJENDRAN R, RESIDING AT CHARIVU PURAYIDATHIL PAYYANAMOM KONNI PATHANAMTHITTA-689 692. (JUNIOR ASSISTANT, PATHANPURAM DEPOT, RETIRED ON 31/05/2022), PIN – 689692

¶663

10 MOHANAKUMAR R, RESIDING AT VALIYA PEZHUNKEL HOUSE MANGARAM, KONNI P.O, PATHANMTHITTA- 689 691. (DRIVER, PATHANAPURAM DEPOT, RETIRED ON 31/05/2022)., PIN – 689691

¶664

11 V.V. RAVINATH, RESIDING AT JAYESH BHAVAN NADUVATTOM P.O, PALLIPPAD, HARIPPAD, ALAPPUZHA DISTRICT-690 512 (CONDUCTOR, MAVELIKKARA DEPOT, RETIRED ON 31/05/2022)., PIN – 690512

¶665

12 VIJAYAKUMAR T, RESIDING AT SREESANKARAM AMBALAPUZHA P.O, ALAPPUZHA DISTRICT- 688 561 (INSPECTOR, ALAPPUZHA DEPOT, RETIRED ON 31/05/2022)., PIN – 688561

¶666

BY ADV N.SASIDHARAN UNNITHAN

¶667

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON

¶668

16.02.2023, ALONG WITH RP 1130/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶669

RP 1130/22 & connected cases

O R D E R

[RP Nos.1130/2022, 5/2023, 18/2023, 19/2023, 27/2023, 29/2023, 31/2023, 127/2023, 1143/2022, 1169/2022, 1131/2022, 1132/2022, 1133/2022, 1197/2022, 1277/2022, 11/2023, 1160/2022, 1163/2022, 1167/2022, 1176/2022, 1175/2022, 1174/2022, 1177/2022, 1214/2022, 1253/2022, 1223/2022, 1221/2022, 1203/2022, 1211/2022, 1205/2022, 1213/2022, 1244/2022, 1240/2022, 1230/2022]

¶674

The Kerala Road Transport Corporation (KSRTC) has impelled

¶675

these Review Petitions against several judgments of this Court,

¶676

whereby, the pensioners had been directed to be paid their eligible retiral benefits within certain periods fixed, ranging from three months to six months. When the directions in the judgments were not complied with, the writ petitioners filed Contempt of Court Cases; and virtually as a defence to the same, these petitions have been filed by the KSRTC, pleading that they be given at least two years more time to honour the commitment, solely citing lack of resources.

¶677

Sri.Deepu Thankan – learned Standing Counsel for the KSRTC, submitted that, though his client may be able to earmark

¶678

fiscal resources to pay off the petitioners alone, if given some

¶679

¶680

RP 1130/22 & connected cases

¶681

more time; it would cause injustice to several others who had retired prior to them. He explained that the pensioners, who are now awaiting benefits, range from those who retired in January 2022 until this month. He then pointed out that the writ petitioners in these cases are all persons who retired on or before 30.06.2022; and argued that if they alone are to be given the benefits, it would become inequitable to those who retired prior.

¶682

In response, the various learned counsel for the writ petitioners - Sri.K.P.Rajeevan, Sri.C.V.Milton, Sri.K.P.Justine, Sri.N.Sasidharan Unnithan, Sri.N.Anandarajan, submitted that the afore excuse of the KSRTC is not merely untenable, but extremely confutative. They pointed out that when, in the year 2001 and there about, when a similar situation came up – to mean that when the pensioners were not paid their benefits - writ petitions were filed before this Court and directions issued to honour them within certain time frames. They say that against these judgments, the KSRTC filed Writ Appeal No.289/2001 and connected matters, in which, a learned Division Bench of this Court passed the following directions:

¶683

RP 1130/22 & connected cases

¶684

¶685

"1. The Corporation would earmark 10% of the daily collection for disbursement of retirement benefits to its employees and the said amount would be kept in a separate Treasury account, or otherwise bearing maximum interest and retirement benefit due be disbursed from that fund.

¶686

Corporation shall not divert hereafter any contribution made by the existing employees towards provident fund for any other purpose without getting orders from this Court.

¶687

Corporation would file a periodical statement before this court every month stating the amount lying in the account on the basis of the above direction and the amount disbursed.

¶688

Corporation would keep a register of district wise and also state wise and the amount would be disbursed to the pensioners strictly on the basis of the State wise register kept by them. After disbursing the amount every month a statement would be filed before this Court.

¶689

The retirement benefits would be disbursed strictly on the basis of the date of retirement, unless otherwise ordered by the order of this Court .

¶690

A copy of this order shall be served on the Director of Treasuries. He shall ensure that no amount is drawn from the Account mentioned in direction (1) above, except for the purpose of disbursing pensionary claims. This Account shall not be subject to any attachment or treasury ban. The amounts in P.F. Account shall be utilized only for satisfying P.F. claims of existing/retired employees.

¶691

The above-mentioned directions should be scrupulously observed EMP is ordered as above" .

¶692

The learned counsel asserted that, against this order the

¶693

KSRTC approached the Honourable Supreme Court , but that they

¶694

were confirmed, leading to the SLPs being finally dismissed as having become infructuous. They argued that hence, the afore

¶695

¶696

RP 1130/22 & connected cases

¶697

directions have become binding on the KSRTC; but that they, very contemptuously, have now filed their statement before this Court

¶698

saying that this corpus has been discontinued because of the COVID-19 pandemic disruptions and that the amounts available therein had been diverted for other purposes. They argued that this action of the KSRTC is gravely unjust and illegal; and therefore, that they cannot now take the stand that they have no money to pay the retiral benefits of their clients and various other persons awaiting in queue.

¶699

When I consider the afore rival narratives, prima facie, these Review Petition s may not be maintainable because, lack of resources per se cannot be a good ground to seek reconsideration of judgments; adding to which, they have all been filed with substantial delay. Going by the affidavits and documents now placed on record by the KSRTC, it is ineluctable that they use their monthly earnings to defray expenses under four major heads of payments, namely; Fuel, Salary, Servicing of Bank Loans and Pensionary Benefits.

¶700

Pertinently, the averments in the counter affidavit, as

¶701

¶702

RP 1130/22 & connected cases

¶703

also the submission made by their learned Standing Counsel –

¶704

Sri.Deepu Thankan, make it further limpid that the first three of

¶705

the afore components exhaust their income; and hence, there is nothing left to honour the pensionary benefits as ordered by this Court. This is a rather unfortunate situation because the writ petitioners and other pensioners have been waiting without any pensionary benefits for the periods ranging from 14 months to one or two months. As far as the writ petitioners are concerned, they have been waiting for nearly eight months.

¶706

That being so, the afore stand of the KSRTC renders it apodictic that they appear to be giving the component of pensionary benefits least priority, perhaps because the pensioners are a vulnerable lot and not organised.

¶707

It must be borne in mind that the KSRTC admits that they have a loan liability to the extent of nearly Rs.3,200/Crores, which has accumulated over the years; and that an amount equal to Rs.1 Crore has to be paid daily as interest – in other words, Rs.30 Crores per month.

¶708

In this context, it must also never be forgotten that it

¶709

RP 1130/22 & connected cases

¶710

¶711

is solely on account of the toil of its employees that the income

¶712

of the KSRTC has admittedly gone up to Rs.206 Crores in January

¶713

2003, from an average of about Rs.175/180 Crores earlier; but in spite of this, they maintain that they have not been able to earmark any amounts for the hapless pensioners, or to restart or resume the Corpus Fund as ordered by this Court in the judgment in Writ Appeal No.289/2001 and connected matters.

¶714

The pensioners – the KSRTC must remind themselves –

¶715

are not rich people who intend to use their retiral benefits for fun or frolic. On the contrary, most of them, if not all, have already been burdened with other financial commitments, including loans; and are awaiting their retiral benefits to take care of other emergent and imminent requirements in their lives, including education/marriage of their children, medical expenses for themselves and family and such other. The delay in disbursing retiral benefits to them is, therefore, extremely unfair and violation of their human rights.

¶716

Though this Court does not intend to and cannot advise the KSRTC, the fact remains that the debts accumulated by them

¶717

¶718

RP 1130/22 & connected cases

¶719

over the years, if not decades, being uncontrolled, the result of the sweat and toil of the employees are being drained away for serving its interest. Unless this is controlled – which is to the extent of nearly Rs.30 Crores per month or more – the situation can never improve.

¶720

As matters now stand, the KSRTC pleads inability to pay, even when their income has increased substantially. In such perspective, it is now necessary for this Court to intervene.

¶721

As seen above, as early as in the year 2001, a learned Division Bench of this Court had directed the KSRTC to maintain a Corpus, into which, 10% of its daily collection will be remitted, so as to be used for disbursement of retiral benefits of its employees. This amount was ordered to be kept in a separate Treasury Account and cautioned that it shall not be used for any other purpose.

¶722

When the KSRTC themselves admit that these orders have never been varied or modified subsequently; and in fact, having obtained the imprimatur of the Honourable Supreme Court ,

¶723

their stand that they discontinued it in the year 2019 and used

¶724

¶725

RP 1130/22 & connected cases

¶726

the amounts available for other purposes, certainly, can only be

¶727

seen to be in gross affront to the authority of this Court. Had any

¶728

pensioner impelled actions for contempt against the KSRTC, it certainly may have been considered by this Court in its proper warrant.

¶729

I, therefore, asked Sri.Deepu Thankan how the KSRTC

¶730

now proposes to handle the large liability to the pensioners, including to the writ petitioners; and he submitted that, if this Court is inclined to allow, his client will pay Rs.1 Lakh each to all of them within a period of 45 days from today and would resume the Corpus Fund in April 2023, so that the balance amounts can be paid, subject to the eligibility of the individual pensioners, within a few months thereafter.

¶731

There can be little doubt from what I have said above, that the KSRTC closed its Corpus Fund created under the orders of a learned Division Bench of this Court without any authority and their actions, particularly of diverting the balance available in it in the year 2019, deserves to be deprecated, which I do.

¶732

RP 1130/22 & connected cases

¶733

¶734

The factum of the Corpus having been discontinued in

¶735

the year 2019 shows that this was not on account of the COVID19 pandemic disruption which happened later, but for other reasons which are still not disclosed. No such action could have ever been taken by them without having obtained orders from this Court; and therefore, now they will have to restore the said Corpus immediately; towards which, the afore suggestions of Sri.Deepu Thankan certainly travels a little way.

¶736

I must, however, record that this Court is not happy

¶737

with the way the KSRTC has handled the pensionary claims of the writ petitioners and other pensioners, but when it is more or less certain that they have no money as of now, it may not serve any purpose for this Court to issue orders which may not be practical.

¶738

Of course, one way that the KSRTC can come out of their financial imbroglio is by monitising their assets to the extent possible, so as to create resources for payment of salary and pensionary benefits; but this is a matter they will have to take up and decide upon, with or without the assistance of the Government – as the case may be.

¶739

¶740

RP 1130/22 & connected cases

¶741

For the present, what this Court is concerned about is

¶742

the payment of pensionary benefits to the pensioners; and in particular, to the writ petitioners.

¶743

I, therefore, allow these Review Petition s, modifying the

¶744

time frames in the judgments sought to be reviewed, in the following manner:

¶745

a) The KSRTC shall ensure that an amount of Rs.1 Lakh is paid to all the eligible pensioners, including the writ petitioners,

¶746

who retired up to 31.12.2022, within a period of 45 days from today.

¶747

b) The KSRTC shall restore the Corpus Fund as ordered by

¶748

the learned Division Bench of this Court in Writ Appeal No.289/2001 and connected matters; and the first remittance to it, in the manner ordered in the said judgment, shall be made in April 2023.

¶749

c) The payments into the Corpus Fund will be continued thereafter every month without fail in the manner as ordered by the learned Division Bench.

¶750

d) On the amounts being remitted into the Corpus Fund,

¶751

¶752

RP 1130/22 & connected cases

¶753

the KSRTC will begin disbursement of pensionary benefits to all the pensioners in priority of their dates of retirement, from April 2023; which shall be then completed without any avoidable delay.

¶754

e) Notwithstanding the afore, if any of the writ petitioners or pensioners are in emergent requirement of their pensionary benefits or a portion thereof – either for marriage/medical expenses of their family, or in case of any distress notice/action they receive or are subjected to on account of any loan liability, or any other compelling reasons – they will be entitled to move the Managing Director of the KSRTC with an apposite representation; in which event, same shall be honoured to the extent possible, within a period of two weeks thereafter, without following the order of priority. However, while doing so, the bonafides and validity of the request must be looked into by the Managing Director appropriately.

¶755

These Review Petitions are disposed of in such manner, but to ensure that the directions are fully complied with, I order the Registry to list these matters, for the Action Taken Report of the KSRTC, on 31.03.2023.

¶756

RP 1130/22 & connected cases

¶757

¶758

In the meanwhile, if there is any clarification required by

¶759

any of the parties, they will be at liberty to seek so; in which

¶760

event, the respective matter will be listed appositely.

¶761

 Sd/-

¶762

¶763

DEVAN RAMACHANDRAN

¶764

JUDGE

Kerala State Road Transport Corporation v. a.Nujum

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Kerala State Road Transport Corporation v. a.Nujum

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