Allowed

Prakash Chandra.K.P v. Kerala State Road Transport Corporation Ksrtc

Kerala HC16 Feb 2023WP(C)/18/2023

Case brief

AI extract

What is this about?

The Court disposed of five connected writ petitions, directing the Kerala State Road Transport Corporation to pay retired benefits including Gratuity, pension, and leave benefits to the petitioners in the same manner as ordered in R.P.No.1130/2022.

What did the court decide?

Directing the KSRTC to make payment of retirement benefits of the petitioners including Gratuity, Commuted value of Pension, Surrender of Leave Benefits and such other, in the same manner as has been

Prakash Chandra.K.P Vs Kerala State Road… — Pension and Retirement Benefits | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

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

¶5

WP(C) NO. 41331 OF 2022

¶6

PETITIONERS:

¶7

1 ROBIN K.C., RESIDING AT KALEECKAL VEEDU, NELLIKUNNAM P.O, KOTTARAKARA, KOLLAM-691 527

¶8

(ELECTRICIAN, KOTTARAKARA UNIT, RETIRED ON 31/5/2022).

¶9

2 J. PADMA KUMARI, RESIDING AT MARAKKAZHATHU PUTHEN VEEDU, KUREEPUZHA, KAVANDU, KOLLAM-691 003 (FAIR COPY SUPERINTENDENT, ALAPPUZHA UNIT, RETIRED ON 31/5/2022).

¶10

BY ADV N.SASIDHARAN UNNITHAN

¶11

RESPONDENTS:

¶12

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

¶13

2 FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KSRTC, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM-695 023.

¶14

3 EXECUTIVE DIRECTOR (PENSION & AUDIT), KSRTC, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM-695 023. BY ADV.SRI.DEEPU THANKAN, SC

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH WP(C).18/2023, 1667/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C)Nos.41331, 41646/2022 &

¶17

18, 1788, 1786, 1667/2023

¶18

-2-

¶19

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶20

PRESENT

¶21

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶22

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

¶23

WP(C) NO. 18 OF 2023

¶24

PETITIONER:

¶25

PRAKASH CHANDRA.K.P,

¶26

(WORKS MANAGER, KSRTC, REGIONAL WORKSHOP,
KOZHIKODE, RETIRED ON 30.4.2022),
RESIDING AT ANANGOOR HOUSE, BEHIND MAHALASA
TEMPLE, KASARAGOD DISTRICT, PIN – 671121.

¶27

BY ADV K.P.RAJEEVAN

¶28

RESPONDENTS:

¶29

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

¶30

2THE WORKS MANAGER,
KERALA STATE ROAD TRANSPORT CORPORATION,
REGIONAL WORKSHOP, KOZHIKODE,
KOZHIKODE DISTRICT, PIN – 673001.

¶31

3 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KASARAGOD DEPOT, KASARAGOD DISTRICT, PIN – 671121.

¶32

BY ADV DEEPU THANKAN

¶33

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH WP(C).41331/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶34

WP(C)Nos.41331, 41646/2022 &

¶35

18, 1788, 1786, 1667/2023

¶36

-3-

¶37

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶38

PRESENT

¶39

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶40

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

¶41

WP(C) NO. 1667 OF 2023

¶42

PETITIONER:

¶43

SURESHKUMAR.T, AGED 56 YEARS,

¶44

S/O. THANKAYYAN NADAR, VALIAVILA PUTHENVEEDU,
POOZHIKUNNU, ESTATE P.O ,

¶45

THIRUVANANTHAPURAM DISTRICT, PIN – 695019,
(CHARGEMAN - KERALA STATE ROAD TRANSPORT
CORPORATION, PARASALA - RETIRED ON 31.05.2022).

¶46

BY ADVS.C.V.MILTON
ASHOKA KUMAR

¶47

RESPONDENTS:

¶48

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

¶49

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

¶50

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

¶51

BY ADV.SRI.DEEPU THANKAN, SC

¶52

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH WP(C).41331/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶53

WP(C)Nos.41331, 41646/2022 &

¶54

18, 1788, 1786, 1667/2023

¶55

-4-

¶56

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶57

PRESENT

¶58

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶59

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

¶60

WP(C) NO. 1786 OF 2023

¶61

PETITIONER:

¶62

SUNIL KUMAR.C,

¶63

(ASSISTANT SERGEANT, KSRTC, VIKAS BHAVAN DEPOT,
RETIRED ON 30.11.2022), RESIDING AT LEKSHMI
NILAYAM, KERALADITHYAPURAM, TC 8/3325,
POWDIKONAM.P.O, THIRUVANANTHAPURAM DISTRICT,
PIN – 695587.

¶64

BY ADV K.P.RAJEEVAN

¶65

RESPONDENTS:

¶66

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

¶67

2 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, VIKAS BHAVAN DEPOT, VIKAS BHAVAN, THIRUVANANTHAPURAM DISTRICT, PIN – 695033.

¶68

BY ADV.SRI.DEEPU THANKAN, SC

¶69

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2023, ALONG WITH WP(C).41331/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶70

WP(C)Nos.41331, 41646/2022 &

¶71

18, 1788, 1786, 1667/2023

¶72

-5-

¶73

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶74

PRESENT

¶75

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶76

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

¶77

WP(C) NO. 1788 OF 2023

¶78

PETITIONERS:

¶79

1 MADHU.R, AGED 56 YEARS, S/O.RAGHAVAN, RESIDING AT KOCHUTHUNDIL HOUSE ERUMAKUZHY, NOORANAD ALAPPUZHA DISTRICT – 690504, (DRIVER, KSRTC ADOOR DEPOT RETIRED ON 31/5/2022).

¶80

2 SUNIL K, S/O KARUNAKARAN, AGED 57 YEARS, RESIDING AT ANCHARANDI VILA, MANGAD P.O, KOLLAM DISTRICT – 691015, (DRIVER, KSRTC KOLLAM DEPOT RETIRED ON 28/2/2022).

¶81

BY ADV N.SASIDHARAN UNNITHAN

¶82

RESPONDENTS:

¶83

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

¶84

2 DISTRICT TRANSPORT OFFICER, KSRTC, ADOOR DEPOT, PATHANAMTHITTA DISTRICT - 691 523.

¶85

3 DISTRICT TRANSPORT OFFICER, KSRTC, KOLLAM DEPOT, KOLLAM DISTRICT - 691 001.

¶86

BY ADV SHRI.DEEPU THANKAN, SC, KSRTC

¶87

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2023, ALONG WITH WP(C).41331/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶88

WP(C)Nos.41331, 41646/2022 &

¶89

18, 1788, 1786, 1667/2023

¶90

-6-

¶91

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶92

PRESENT

¶93

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶94

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

¶95

WP(C) NO. 41646 OF 2022

¶96

PETITIONER:

¶97

JOHNY J, AGED 56 YEARS, S/O JAMES S,
PRAISE VILLA, VIZHAVOOR, MALAYAM P.O,
THIRUVANANTHAPURAM DISTRICT, PIN-695571,
(BLACKSMITH - KERALA STATE ROAD TRANSPORT
CORPORATION, CENTRAL WORKS, PAPPANAMCODE -
RETIRED ON 31.05.2022).

¶98

BY ADVS.C.V.MILTON
ASHOKA KUMAR

¶99

RESPONDENTS:

¶100

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

¶101

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

¶102

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

¶103

BY ADV.SRI.DEEPU THANKAN, SC

¶104

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2023, ALONG WITH WP(C).41331/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶105

WP(C)Nos.41331, 41646/2022 &

¶106

18, 1788, 1786, 1667/2023

¶107

-7-

¶108

JUDGMENT

¶109

[WP(C) Nos.41331/2022, 18/2023, 1667/2023, 1786/2023,
1788/2023, 41646/2022]

¶110

These matters have been disposed of today

¶111

with the consent of both sides.

¶112

2.This Court has already issued directions

¶113

with respect to the payment of pensionary
benefits to the pensioners of the Kerala State
Road Transport Corporation (KSRTC), in the order
in R.P.No.1130/2022 and connected matters.

¶114

3.It is conceded without dispute, that the

¶115

petitioners herein are similarly situated as the
respondents in the aforementioned Review
Petitions; and therefore, the directions therein
would apply to them also.

¶116

Resultantly, I dispose these writ petitions,

¶117

directing the KSRTC to make payment of the
retiral benefits of the petitioners herein,

¶118

including Gratuity, Commuted value of Pension,

¶119

WP(C)Nos.41331, 41646/2022 &

¶120

18, 1788, 1786, 1667/2023

¶121

Surrender of Leave Benefits and such other, in

¶122

the same manner as has been ordered in
R.P.No.1130/2022 and connected matters.

¶123

Needless to say, the other liberties granted
to the respondents in the said Review Petitions
are also reserved to the petitioners herein.

¶124

Sd/-

¶125

DEVAN RAMACHANDRAN

¶126

JUDGE

¶127

akv

¶128

WP(C)Nos.41331, 41646/2022 &

¶129

18, 1788, 1786, 1667/2023

¶130

-9-

¶131

APPENDIX OF WP(C) 18/2023

¶132

PETITIONER EXHIBITS

¶133

EXHIBIT P1A TRUE COPY OF THE 1ST PAGE OF PENSION
PAYMENT ORDER ISSUED TO THE PETITIONER
EXHIBIT P2A TRUE COPY OF CHARGE SHEET
NO.VLC1/026004/19 DATED 6.11.2019
EXHIBIT P3A TRUE COPY OF REPLY DATED 30.12.2019
SUBMITTED BY THE PETITIONER
EXHIBIT P4A TRUE COPY OF REPRESENTATION DATED
10.6.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
EXHIBIT P5A TRUE COPY OF MEMORANDUM NO.STC
1/VLC1-026004/19 DATED 15.9.2021
ISSUED TO THE PETITIONER BY THE
ENQUIRY OFFICER
EXHIBIT P6A TRUE COPY OF REPRESENTATION DATED
24.11.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.

¶134

WP(C)Nos.41331, 41646/2022 &
18, 1788, 1786, 1667/2023

¶135

-10-

¶136

APPENDIX OF WP(C) 1667/2023

¶137

PETITIONER EXHIBITS

¶138

EXHIBIT P1TRUE COPY OF THE RELIEVING ORDER NO.
E1-860/22/PSLA DATED 31.05.2022 ISSUED
TO THE PETITIONER
EXHIBIT P2TRUE COPY OF THE 1ST PAGE OF THE
PENSION PAYMENT ORDER ISSUED TO THE
PETITIONER
EXHIBIT P3TRUE COPY OF THE JUDGMENT IN W.A.
289/2001 DATED 20.11.2002 OF THE
DIVISION BENCH

¶139

WP(C)Nos.41331, 41646/2022 &
18, 1788, 1786, 1667/2023

¶140

-11-

¶141

APPENDIX OF WP(C) 1786/2023

¶142

PETITIONER EXHIBITS

¶143

EXHIBIT P1TRUE COPY OF MEMORANDUM
NO.E11/5287/22/VKB/TVM.SOUTH DATED
28.11.2022.
EXHIBIT P2A TRUE COPY OF PAGES 2 TO 5 OF
CERTIFICATE OF SERVICE FROM THE
MILITARY AUTHORITIES.

¶144

WP(C)Nos.41331, 41646/2022 &
18, 1788, 1786, 1667/2023

¶145

-12-

¶146

APPENDIX OF WP(C) 1788/2023

¶147

PETITIONER EXHIBITS

¶148

EXHIBIT P1TRUE COPY OF THE PENSION PASS ISSUED
TO THE 1ST PETITIONER FROM THE KSRTC
EXHIBIT P2TRUE COPY OF THE PENSION PASS ISSUED
TO THE 2ND PETITIONER FROM THE KSRTC
EXHIBIT P3TRUE COPY OF THE OUT PATIENT RECORD
IN RESPECT OF THE DAUGHTER OF THE 2ND
PETITIONER, SUNITHA ISSUED FROM THE
MEDICAL COLLEGE HOSPITAL,
THIRUVANANTHAPURAM
EXHIBIT P4TRUE COPY OF THE DISCHARGE SUMMARY IN
RESPECT OF THE DAUGHTER OF THE 2ND
PETITIONER, SUNITHA ISSUED FROM THE
BISHOP BENZIGER HOSPITAL, KOLLAM

¶149

WP(C)Nos.41331, 41646/2022 &
18, 1788, 1786, 1667/2023

¶150

-13-

¶151

APPENDIX OF WP(C) 41646/2022

¶152

PETITIONER EXHIBITS

¶153

EXHIBIT P1TRUE COPY OF THE RELIEVING ORDER NO.
E9/5575/2021/CWS DATED 09.05.2022
ISSUED TO THE PETITIONER.
EXHIBIT P2TRUE COPY OF THE JUDGMENT OF DIVISION
BENCH IN W.A NO.289/2001 DATED
20.11.2002.
EXHIBIT P3TRUE COPY OF THE REPRESENTATION DATED
25.10.2022.

¶154

WP(C)Nos.41331, 41646/2022 &

¶155

18, 1788, 1786, 1667/2023

¶156

-14-

¶157

APPENDIX OF WP(C) 41331/2022

¶158

PETITIONER EXHIBITS

¶159

EXHIBIT P1TRUE COPY OF THE PENSION PASS ISSUED
TO THE 1ST PETITIONER FROM THE KSRTC
SHOWING THE DATE OF RETIREMENT.
EXHIBIT P2TRUE COPY OF THE PENSION PASS ISSUED
TO THE 2ND PETITIONER FROM THE KSRTC
SHOWING THE DATE OF RETIREMENT.
EXHIBIT P3TRUE COPY OF THE ORDER DATED 29/8/2002
OF THE HONOURABLE SUPREME COURT IN THE
SLP NOS. 448-454/2002.
EXHIBIT P4TRUE COPY OF THE ORDER DATED 9/4/2008
OF THE HONOURABLE SUPREME COURT IN
CIVIL APPEAL NOS. 5401-5407 OF 2002.
EXHIBIT P5TRUE COPY OF THE JUDGMENT DATED
20/11/2002 IN W.A NO. 289/2001 OF THIS
HONOURABLE COURT.
EXHIBIT P6TRUE COPY OF THE RELEVANT PAGES OF
ORDER NO. 549/GL2/2022/RTC DATED
29/11/2022 ISSUED FROM THE KSRTC.

Prakash Chandra.K.P v. Kerala State Road Transport Corporation Ksrtc

Case brief

What is this about?

What did the court decide?

Prakash Chandra.K.P v. Kerala State Road Transport Corporation Ksrtc

Case brief

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What the court decided

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