Retired employees of the Kerala State Road Transport Corporation (K.S.R.T.C.) have approached this Court seeking directions to the respondents to sanction and disburse the provident fund and the staff welfare fund amount to them with interest. Petitioners retired from service on superannuation on dates falling within the years 2002, 2003 and 2004. Retired employees having similar grievances have been approaching this Court for identical reliefs since the respondent-Corporation did not disburse the provident fund amount and the staff welfare amount due to them on closure of the fund. According to the petitioners, the Corporation has done great injustice and is perpetuating injustice by with holding the provident fund amount and not disbursing the same in spite of the lapse of several months since their retirement.

2. It is pointed out that on the ground of inadequacy of funds the Corporation has been delaying payment of retirement benefits which include the Death-cum-Retirement Gratuity and commutation value of pension. In the above circumstances, this Court was constrained to intervene and formulate a scheme thereby making arrangements to see that payment of retirement benefits to the employees is ensured at least in a phased manner. A Division Bench of this Court in W.A.No.289 of 2001 passed order dated 18-10-2001 directing the Corporation to see that retirement benefits are disbursed to the pensioners strictly complying with the following directions:

“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.

2. 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.

3. 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.

4. Corporation would keep a register of district and also State wise and the amount 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.

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

6. 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 satisfy P.F. claims of existing/retired employees.”

Therefore, it is clear that unlike employees retired from Government Departments or Public Sector undertakings, pensioners of the K.S.R.T.C. are destined to stand in the queue waiting for their turn to get D.C.R.G and Commutation value of pension. They have to get themselves satisfied with the monthly pension for months and years since retirement, suffering severe financial stringency and hardship. Supreme Court had occasions to consider in detail the problems of pensioners in D.S. Nakara v. Union of India (A.I.R. 1983 S.C. 130). Pensioners belong to that category of citizens who on retirement cease to earn the monthly salary and are expected to live during the rest of their life depending on the terminal benefits and the monthly pension. The sudden stoppage of the income would put them into difficulties and hardships. Hence the only solace of the retired employee is the amount paid as DCRG, Commutation value of pension, Provident Fund etc., apart from the monthly pension, which they are entitled to get on account of the long service rendered in the respective es