Remanded

Vimalakumar T v. Kerala State Road Transport Corporation Ksrtc

Kerala HC13 Jan 2023WP(C)/40972/2022

Case brief

AI extract

What is this about?

Five retired KSRTC drivers and a peon filed writ petitions challenging recovery of amounts from their gratuity based on allegedly incorrect benefits granted during service. The High Court of Kerala, acknowledging the legal_position set by Supreme Court judgments on recovery post-retirement, remanded the matter to the competent authority to decide claims for refund within two months by considering

What did the court decide?

Respondents directed to hear petitioners and decide on claims for refund of recovered amounts within two months, applying Rafiq Masih and Jagdev Singh principles.

Vimalakumar T Vs Kerala State Road Transport… — 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

FRIDAY, THE 13^TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944

¶5

WP(C) NO. 40882 OF 2022

¶6

PETITIONER:

¶7

R. UNNIKRISHNAN, GURUKULAM VARIL, KALAKKODE P.O., BHOOTHAKULAM, PARAVOOR, KOLLAM – 691 302, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.03.2019 FROM CHATHANNUR DEPOT).

¶8

BY ADVS.K.P.JUSTINE (KARIPAT) A.JOSEPH GEORGE (AZHIKKAKATH)

¶9

RESPONDENTS:

¶10

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

¶11

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

¶12

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

¶13

4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.

¶14

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

¶15

6 THE ADMINISTRATIVE OFFICER (BUDGET SECTION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶16

7 DISTRICT OFFICER FOR KOLLAM DISTRICT, KSRTC KOTTARAKKAKA DEPOT, KOTTARAKKARA.

¶17

WP(C)Nos.40882/2022, 40946/2022,

¶18

40968/2022, 40972/2022, 41002/2022

¶19

-2-

¶20

8 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT - 691 572, KOLLAM DISTRICT.

¶21

BY ADV.SRI.DEEPU THANKAN, SC

¶22

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).40946/2022, 40968/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶23

WP(C)Nos.40882/2022, 40946/2022,

¶24

40968/2022, 40972/2022, 41002/2022

¶25

-3-

¶26

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶27

PRESENT

¶28

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶29

FRIDAY, THE 13^TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 40946 OF 2022

¶30

PETITIONER:

¶31

BALAN M A, AGED 59 YEARS, S/O. M.N.APPU, 'JANAKI', KULATHOOKUNAM, PUTHAN KULAM P.O., PARIPALLY, PIN: 691 302, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.05.2019 FROM CHATHANNUR DEPOT).

¶32

BY ADVS.A.JOSEPH GEORGE (AZHIKKAKATH) K.P.JUSTINE (KARIPAT)

¶33

RESPONDENTS:

¶34

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

¶35

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

¶36

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

¶37

4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL),

¶38

WP(C)Nos.40882/2022, 40946/2022,

¶39

40968/2022, 40972/2022, 41002/2022

¶40

-4-

¶41

KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶42

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

¶43

6 THE ADMINISTRATIVE OFFICER (BUDGET SECTION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶44

7 DISTRICT OFFICER FOR KOLLAM DISTRICT, KSRTC KOTTARAKKARA DEPOT, KOTTARAKKARA.

¶45

8 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT-691 572, KOLLAM DISTRICT.

¶46

BY ADV.SRI.DEEPU THANKAN, SC

¶47

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).40882/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶48

WP(C)Nos.40882/2022, 40946/2022,

¶49

40968/2022, 40972/2022, 41002/2022

¶50

-5-

¶51

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶52

PRESENT

¶53

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶54

FRIDAY, THE 13^TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944

¶55

WP(C) NO. 40968 OF 2022

¶56

PETITIONER:

¶57

S.ROY, AGED 59 YEARS, S/O. SAMUEL ROY, RESIDING AT PLAVILA ROBIN HOUSE, POOYAPPALLY P O., MARUTHANPALLY, KOTTARAKKARA, KOLLAM-691 537, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.05.2019 FROM CHATHANNUR DEPOT).

¶58

BY ADVS.K.P.JUSTINE (KARIPAT) A.JOSEPH GEORGE (AZHIKKAKATH)

¶59

RESPONDENTS:

¶60

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

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

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

¶63

4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL),

¶64

WP(C)Nos.40882/2022, 40946/2022,

¶65

40968/2022, 40972/2022, 41002/2022

¶66

-6-

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KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶68

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

¶69

6 THE ADMINISTRATIVE OFFICER (BUDGET SECTION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶70

7 DISTRICT OFFICER FOR KOLLAM DISTRICT, KSRTC KOTTARAKKAKA DEPOT, KOTTARAKKARA.

¶71

8 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT - 691 572, KOLLAM DISTRICT.

¶72

BY ADV.SRI.DEEPU THANKAN, SC

¶73

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).40882/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶74

WP(C)Nos.40882/2022, 40946/2022,

¶75

40968/2022, 40972/2022, 41002/2022

¶76

-7-

¶77

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶78

PRESENT

¶79

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶80

FRIDAY, THE 13^TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 40972 OF 2022

¶81

PETITIONER:

¶82

VIMALAKUMAR T, AGED 63 YEARS, S/O. THANKAPPAN PILLAI, K.K.SADANAM, KUTHIYIL, PUNUKKONNOOR, ALUMMOODU P.O., KOLLAM-691 577, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.05.2016 FROM CHATHANNUR DEPOT).

¶83

BY ADVS.K.P.JUSTINE (KARIPAT) A.JOSEPH GEORGE (AZHIKKAKATH)

¶84

RESPONDENTS:

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

¶86

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

¶87

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

¶88

4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.

¶89

WP(C)Nos.40882/2022, 40946/2022,

¶90

40968/2022, 40972/2022, 41002/2022

¶91

-8-

¶92

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

¶93

6 THE ADMINISTRATIVE OFFICER (BUDGET SECTION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶94

7 DISTRICT OFFICER FOR KOLLAM DISTRICT, KSRTC KOTTARAKKAKA DEPOT, KOTTARAKKARA.

¶95

8 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT - 691 572, KOLLAM DISTRICT.

¶96

BY ADV.SRI.DEEPU THANKAN, SC

¶97

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).40882/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶98

WP(C)Nos.40882/2022, 40946/2022,

¶99

40968/2022, 40972/2022, 41002/2022

¶100

-9-

¶101

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶102

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶103

FRIDAY, THE 13^TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 41002 OF 2022

¶104

PETITIONER:

¶105

P. MAHESWARI AMMA, D/O. RAMAKRISHNA PILLAI, VILAYIL KOTTAKKAKAM, KALLUMTHAZHAM P O, KILIKOLLUR, KOLLAM DISTRICT - 691 004, (PEON, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.05.2017 FROM CHATHANNUR DEPOT).

¶106

BY ADVS.K.P.JUSTINE (KARIPAT) A.JOSEPH GEORGE (AZHIKKAKATH)

¶107

RESPONDENTS:

¶108

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

¶109

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

¶110

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

¶111

4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶112

WP(C)Nos.40882/2022, 40946/2022,

¶113

40968/2022, 40972/2022, 41002/2022

¶114

-10-

¶115

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

¶116

6 THE ADMINISTRATIVE OFFICER (BUDGET SECTION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

¶117

7 DISTRICT OFFICER FOR KOLLAM DISTRICT, KSRTC KOTTARAKKAKA DEPOT, KOTTARAKKARA. 691506.

¶118

8 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT - 691 572, KOLLAM DISTRICT.

¶119

BY ADV.SRI.DEEPU THANKAN, SC

¶120

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).40882/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶121

WP(C)Nos.40882/2022, 40946/2022,

¶122

40968/2022, 40972/2022, 41002/2022

¶123

-11-

¶124

JUDGMENT

¶125

[WP(C) Nos.40882/2022, 40946/2022, 40968/2022,

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40972/2022, 41002/2022]

¶127

The issues impelled in these cases are

¶128

common and therefore, are being disposed of

¶129

together through this judgment.

¶130

The petitioners say that they were

¶131

employees of the Kerala State Road Transport

¶132

Corporation (KSRTC); and that certain amounts were illegally recovered from their gratuity, after they retired, on the allegation that they were incorrectly given benefits, while they were in service, on the strength of wrong options.

¶133

The petitioners assert that the afore allegation is factually wrong; and that, in any

¶134

event, no such recovery could have been made by the KSRTC, going by the affirmative declarations

¶135

of the Hon'ble Supreme Court in State of Punjab

¶136

WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022

¶137

-12-

¶138

v. Rafiq Masih (White Washer) [(2015) 4 SCC

¶139

334].

¶140

4. Sri.Justine K.P. - learned counsel for

¶141

the petitioners, submitted that law has now been

¶142

well settled through Rafiq Masih (supra), that

¶143

recovery is possible from an employee - particularly a low paid one, after retirement - only if it could be established that the amounts in question were paid on account of any fraud or misrepresentation committed by him/her, or if he/she had given an undertaking that the same can be recovered from his/her pensionary benefits in future. He submitted that this has also been reinforced by the Hon'ble Supreme Court in the subsequent judgment in High Court of Punjab & Haryana v. Jagdev Singh [ (2016) 14 SCC 267].

¶144

Sri.K.P.Justine pointed out that, in

¶145

fact, in an analogous circumstance, this Court

¶146

WP(C)Nos.40882/2022, 40946/2022,

¶147

40968/2022, 40972/2022, 41002/2022

¶148

-13-

¶149

has passed a judgment in W.P.(C)No.31452/2018,

¶150

which has been acceded to by the KSRTC through their proceedings No.PA.1/027743/18, dated

¶151

30.11.2022. He thus prayed that KSRTC be directed to refund the amounts recovered from his clients, within a time frame to be fixed by this Court.

¶152

Sri.Deepu Thankan – learned Standing

¶153

Counsel for the KSRTC, submitted that recovery made from the petitioners were completely within the legal framework, particularly because it is without doubt that the benefits in question were offered to them on the basis of wrong options.

¶154

He added that Rafiq Masih (supra) could not apply to the facts of these cases because what has been recovered is an illegal payment and not an incorrect payment, and therefore, that petitioners cannot assail it. He added that undertakings were given by the petitioners at

¶155

WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022

¶156

-14-

¶157

the time when they were given the benefits in question; and therefore, that the declarations in Jagdev Singh (supra) would apply against them in its full force .

¶158

submissions saying that, in any event, the KSRTC has the power to act as per the provisions of the Kerala Service Rules (KSR) and that this has

¶159

not been interdicted either in Rafiq Masih

¶160

(supra) or in Jagdev Singh (supra). He thus

¶161

prayed that these writ petitions be dismissed.

¶162

When I evaluate and consider the afore submissions, it is clear that KSRTC has made some recovery on the allegation that the benefits given to the petitioners earlier were in error; and therefore, they are not liable to hold on it. However, the declarations in Rafiq

¶163

Masih (supra) or Jagdev Singh (supra) do not appear to have been considered by the KSRTC at

¶164

¶165

-15-

¶166

all in any manner, especially whether petitioners had given any undertaking to repay

¶167

the amounts at the time when the same were made.

¶168

The dictum in Jagdev Singh (supra) is singularly also vital in these cases, because it is only if there had been any undertaking issued by the petitioners could a recovery have been normally possible. However, since the KSRTC has not yet been responded to the factual allegations through a counter affidavit in these cases, I am of the certain view that it will not be justified for this Court to decide the disputes affirmatively in this judgment.

¶169

Suffice to say, the recovery now made - though of the year 2018 - will have to be tested from the touchstone of the declarations in the afore two precedents of the Hon'ble Supreme Court; and am sure that this should be done by

¶170

the KSRTC after hearing the petitioners, within

-16-

a short time.

In the afore circumstances, I order these

¶175

writ petitions with the following directions:

¶176

(a) The competent Authority of the KSRTC

¶177

will hear the petitioners and decide as to

¶178

their claims for refund of the amounts in question, strictly keeping in mind the declarations in Rafiq Masih (supra) and Jagdev Singh (supra); thus culminating in appropriate orders and necessary action thereon , as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment .

¶179

(b) While completing the afore exercise, the competent Authority of the KSRTC will

¶180

also keep in mind the aforementioned judgment of this Court in

¶181

¶182

W.P.(C)No.31452/2022, as also its

¶183

consequent order dated 30.11.2022.

¶184

(c) If, through the afore exercise, any amounts are found liable to be returned to the petitioners, then necessary action to do so will be completed within a period of four months thereafter.

¶185

Sd/-

¶186

DEVAN RAMACHANDRAN JUDGE

¶187

akv

¶188

¶189

40968/2022, 40972/2022, 41002/2022

¶190

-18-

¶191

APPENDIX OF WP(C) 40882/2022

¶192

PETITIONER EXHIBITS

¶193

EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.IAI/PA13/019302/19 DATED 22.06.2019. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 04.01.2020. EXHIBIT P4 TRUE COPY OF THE MEMORANDUM NO. PRC039994/12 DATED 04.12.2012. EXHIBIT P5 JUDGMENT IN WA 869/2022 DATED 21/07/2022 OF THIS HON'BLE COURT. EXHIBIT P6 JUDGMENT IN 2015 (4) SCC 334 DATED 18/12/2014 OF THE HON'BLE APEX COURT.

¶194

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

40968/2022, 40972/2022, 41002/2022

¶199

-19-

¶200

APPENDIX OF WP(C) 40946/2022

¶201

PETITIONER EXHIBITS

¶202

EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.IAI/PA13/024781/2019 DATED 16.07.2019. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 04.01.2020. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES 3 AND 5 OF THE OPTION REGISTER KEPT AT THE OFFICE OF THE 7TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE MEMORANDUM NO. PRC039994/12 DATED 04.12.2012. EXHIBIT P6 JUDGMENT IN WA 869/2022 DATED 21/07/2022 OF THIS HON'BLE COURT EXHIBIT P7 JUDGMENT IN 2015 (4) SCC 334 DATED 18/12/2014 OF THE HON'BLE APEX COURT.

¶203

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

40968/2022, 40972/2022, 41002/2022

¶208

-20-

¶209

APPENDIX OF WP(C) 40968/2022

¶210

PETITIONER EXHIBITS

¶211

EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.IAI/PA13/038069/2019 DATED 28.12.2019. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 04.01.2020. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES 3,5,8 OF THE OPTION REGISTER KEPT AT THE OFFICE OF THE 7TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE MEMORANDUM NO. PRC039994/12 DATED 04.12.2012. EXHIBIT P6 JUDGMENT IN WA 869/2022 DATED 21/07/2022 OF THIS HON'BLE COURT. EXHIBIT P7 JUDGMENT IN 2015 (4) SCC 334 DATED 18/12/2014 OF THE HON'BLE APEX COURT.

¶212

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

40968/2022, 40972/2022, 41002/2022

¶217

-21-

¶218

APPENDIX OF WP(C) 40972/2022

¶219

PETITIONER EXHIBITS

¶220

EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.IAI/ PA11/022409/16 DATED 26.04.2018. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 04.01.2020. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES 3, 5, 9 OF THE OPTION REGISTER KEPT AT THE OFFICE OF THE 7TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE MEMORANDUM NO. PRC039994/12 DATED 04.12.2012. EXHIBIT P6 JUDGMENT IN WA 869/2022 DATED 21/07/2022 OF THIS HON'BLE COURT. EXHIBIT P7 JUDGMENT IN 2015 (4) SCC 334 DATED 18/12/2014 OF THE HON'BLE APEX COURT.

¶221

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

40968/2022, 40972/2022, 41002/2022

¶226

-22-

¶227

APPENDIX OF WP(C) 41002/2022

¶228

PETITIONER EXHIBITS

¶229

EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.IAI/PA13/(11)002175/17 DATED 27.10.2018. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 04.01.2020. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES 3, 5, 12 OF THE OPTION REGISTER KEPT AT THE OFFICE OF THE 7TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE MEMORANDUM NO. PRC039994/12 DATED 04.12.2012. EXHIBIT P6 JUDGMENT IN WA 869/2022 DATED 21/07/2022 OF THIS HON'BLE COURT. EXHIBIT P7 JUDGMENT IN 2015 (4) SCC 334 DATED 18/12/2014 OF THE HON'BLE APEX COURT.

¶230

RESPONDENT'S/S EXHIBITS : NIL.

¶231

//TRUE COPY//

¶232

P.A. TO JUDGE

Vimalakumar T v. Kerala State Road Transport Corporation Ksrtc

Case brief

What is this about?

What did the court decide?

Vimalakumar T v. Kerala State Road Transport Corporation Ksrtc

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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