JUDGMENT

The petitioner says that he retired from the services of the Kerala State Road Transport Corporation (KSRTC), after serving as a Driver for about 20 years, in the 2nd week of December, 2020. His allegation is that even after nearly 1½ years, his pension and other retiral benefits have not been fixed or disbursed to him. He thus prays that the competent Authority of the KSRTC be directed to do so within a time frame to be fixed by this Court.

2. The afore submissions of the petitioner, as made by his learned counsel – Sri.Johnson Manayani, were answered by Smt.Umul Fidha – learned counsel representing the learned Standing Counsel for the KSRTC, saying that the petitioner, while in service, has been sent on deputation to the 3rd respondent – Kerala State Beverages Corporation (BEVCO); and that her client has been communicated by them about certain liabilities. She submitted that, therefore, unless such liabilities are properly quantified, the petitioner’s benefits cannot be released. She then added that the petitioner, in any case, has not presented any of his papers before the competent Authority, which has now incapacitated them from acceding to his request.

3. When I consider the afore submissions, it is without doubt that petitioner is entitled to retiral benefits, but perhaps after adjustment of any liability that may be legally found against him at the instance of the 3rd respondent – BEVCO. However, the action to compute his pensionary benefits cannot be delayed ad infinitum and I am certain that it should be directed to be done within a time frame which is apposite.

Resultantly, I allow this writ petition with the following directions:

(a) The petitioner is directed to produce all relevant papers before the competent Authority of the KSRTC, within a period of one month from the date of receipt of a copy of this judgment; in which event, same will be processed and his pensionary benefits computed and calculated, leading to its disbursement within a period of two months thereafter.

(b) While doing so, the KSRTC will be at liberty to consider any liability which is communicated to them by the 3rd respondent against the petitioner, but which shall be recovered/adjusted from his benefits only after affording him an opportunity of being heard.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/12.7 APPENDIX OF WP(C) 10530/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT DT. 25.2.2012 TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT DT. 26.11.2018.

Exhibit P3 TRUE AMENDED COPY IN W.P.C NO. 1205/2019 DT. 2.12.2021 WITHOUT THE EXHIBITS.

Exhibit P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.

10.03.2022.