Disposed

Yeswantha.K., v. 1. the Kerala State Road Transport Corporation

Kerala HC2 Nov 2023WP(C)/21530/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a retired KSRTC driver seeking ex-gratia pension and service gratuity. Directing the 2nd respondent to consider the petitioner's representation and take a decision within two months.

What did the court decide?

Directed the 2nd respondent to consider Ex.P6 representation in light of Exts.P4 and P5 and take an appropriate decision within two months.

Yeswantha.K., Vs 1. the Kerala State Road… — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
THURSDAY,THE2NDDAYOFNOVEMBER2023/11THKARTHIKA,1945
WP(C)NO.21530OF2023

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PETITIONER:

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YESWANTHA.K.,AGED61YEARS
S/O.SIVARAMARAO,CHANDRAMOULIHOUSE,
KORAKODE,KASARAGOD,

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(DRIVER,KERALASTATEROADTRANSPORTCORPORATION,
KASARAGODDEPOT,RETIREDON31.03.2018),
PIN-671121

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BYADVS.

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K.P.JUSTINE(KARIPAT)
A.JOSEPHGEORGE(AZHIKKAKATH)

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RESPONDENT/S:

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1 THE KERALA STATE ROAD TRANSPORT CORPORATION REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023

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

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

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4 THE DISTRICT OFFICER FOR KASARAGOD AT KANHANGAD DEPOT, PIN - 671531

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5 THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, KASARAGOD DEPOT, PIN - 671123

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W.P.(C) No.21530 of 2023

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SRI.DEEPUTHANKAN,SC

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON02.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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W.P.(C) No.21530 of 2023

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J U D G M E N T

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The petitioner states that he was employed as a Driver of the Kerala

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State Road Transport Corporation. He attained superannuation on

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31.03.2018. He has approached this Court as seeking the following reliefs:

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i. Call for the records leading to the case.

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ii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to sanction and disburse ex-gratia pension to the petitioner with arrears within a time frame as may be stipulated by this Hon’ble Court.

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iii) Declare that the petitioner is legally entitled for ex-gratia pension.

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iv) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to sanction service gratuity to the petitioner.

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When the matter is taken up for consideration, the learned

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counsel appearing for the petitioner submits that the petitioner has preferred Ext.P6 representation and requests that directions be issued to consider the same in the light of Exts.P4 and P5.

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I have heard the learned standing counsel. He submits that

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there are no impediments in considering the said request.

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In view of the above submission, the writ petition is disposed of, directing the 2^nd respondent to consider Ext.P6 representation in the light of

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W.P.(C) No.21530 of 2023

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Exts.P4 and P5 and take an appropriate decision, with notice to the

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petitioner. Orders shall be passed within a period of two months from the date of receipt of a copy of this judgment.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

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W.P.(C) No.21530 of 2023

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APPENDIX OF WP(C) 21530/2023

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PETITIONER'S EXHIBITS:

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`EXHIBIT P1`	`TRUE COPY OF THE LETTER` `NO.PIO/5016/13/KASARAGOD DATED` `22.11.2013.`
`EXHIBIT P2`	`TRUE COPY OF THE G.O.(M.S.)` `NO.78/2011/TRAN. DATED 22.12.2011.`
`EXHIBIT P3`	`TRUE COPY OF THE ORDER NO.PL16/014915/12` `DATED 3.9.2014.`
`EXHIBIT P4`	`TRUE COPY OF THE ORDER NO.PL16/014915/12` `DATED 16.01.2015.`
`EXHIBIT P5`	`TRUE COPY OF THE MEMORANDUM` `NO.PL12/025739/2008 DATED 13.2.2015.`
`EXHIBIT P6`	`TRUE COPY OF REPRESENTATION SUBMITTED BY` `THE PETITIONER BEFORE THE 2ND RESPONDENT` `DATED 20.7.2023`
`EXHIBIT P7`	`TRUE COPY OF JUDGMENT DATED 8.1.2021 IN` `WP(C) NO.31452/2018 OF THIS HON'BLE COURT`
`EXHIBIT P8`	`TRUE COPY OF THE REPRESENTATION DATED` `10.8.2018 SUBMITTED BY THE PETITIONER`
`EXHIBIT P9`	`TRUE COPY OF LETTER NO.PA1/027743/2018` `DATED 19.2.2021 ISSUED BY THE 2ND` `RESPONDENT IN THE CASE OF SRI.M.V.PAILY` `AS PROOF OF SANCTIONING EX-GRATIA PENSION`

Yeswantha.K., v. 1. the Kerala State Road Transport Corporation

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Yeswantha.K., v. 1. the Kerala State Road Transport Corporation

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