2022 Supreme(Online)(Ker) 81490
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THULASEEDAS O.G. – Appellant
Versus
KERALA STATE ROAD TRANSPORT CORPORATION – Respondent
WP(C) 29877/2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 20TH DAY OF SEPTEMBER 2022 / 29TH BHADRA, 1944 WP(C) NO. 29877 OF 2022 PETITIONERS:
1 THULASEEDAS O.G., AGED 56 YEARS (DRIVER, KSRTC, KILIMANOOR DEPOT, RETIRED ON 31.5.2022), RESIDING AT THULASI HILL, MITHIRMALA.P.O, THIRUVANANTHAPURAM DISTRICT, PIN-695610.
2 P.SATHEESAN NAIR, (DRIVER, KSRTC, KILIMANOOR DEPOT, RETIRED ON 31.5.2022), RESIDING AT ASWATHY BHAVAN, PONGANADU.P.O, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695601.
3 K.P.MADHUSOODANAN NAIR, (DRIVER, KSRTC, KILIMANOOR DEPOT, RETIRED ON 31.5.2022), RESIDING AT MADHURIMA, AZHAKONAM, THOTTAKKADU.P.O, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN-695605.
4 R.RAVEENDRAN NAIR, (CONDUCTOR, KSRTC, KILIMANOOR DEPOT, RETIRED ON
31.5.2022), RESIDING AT PARAVILA PUTHEN VEEDU, PONGANAD.P.O, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695601.
5 SURESH KUMAR.C, (MECHANIC GRADE 1ST, KSRTC, KILIMANOOR DEPOT, RETIRED ON 31.5.2022), RESIDING AT PEZHUVILA VEEDU, ANTHIYOORKONAM, KOLLODE.P.0, MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM DISTRICT, PIN-695571. 6 K.REMESAN NAIR, (CONDUCTOR, KSRTC, KILIMANOOR DEPOT, RETIRED ON
31.5.2022), RESIDING AT NANDANAM, MAHADEVESWARAM, KILIMANOOR.P.O, THIRUVANANTHAPURAM DISTRICT, PIN-695601.
7 K.S.RADHAKRISHNAN, (INSPECTOR, KSRTC, KILIMANOOR DEPOT, RETIRED ON
31.3.2022), RESIDING AT KONATHU MADAM, DEVESWARAM, KILIMANOOR.P.O, THIRUVANANTHAPURAM DISTRICT, PIN-
695601.
BY ADV K.P.RAJEEVAN RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695023.
2 ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KILIMANOOR DEPOT, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN-
695601.
BY ADV ALEX ANTONY SEBASTIAN P.A.
OTHER PRESENT:
ADV.DEEPU THANKAN-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners complain that, even though several months have elapsed after their retirement from the services of the Kerala State Road Transport Corporation (KSRTC), on attaining the age of superannuation, they have not been paid their eligible retiral benefits, including DCRG, CVP and Terminal Leave Surrender salary.
2. Sri.K.P.Rajeevan - learned counsel for the petitioners, submitted that the delay caused by the KSRTC in disbursing the eligible retiral benefits to his clients has put them in extreme prejudice; and prayed that it be directed to be paid within a time frame to be fixed by this Court.
3. In response, Sri.Deepu Thankan - learned Standing Counsel for the KSRTC, submitted that the delay in disbursement of the retiral benefits to the petitioners is partly on account of the fact that the KSRTC is going through financial crisis presently; and partly because, a wage revision has been suggested by it, which is now pending before the Government.
4. Even when I hear the learned Standing Counsel for the KSRTC as afore, the fact remains that the retiral benefits due to the petitioners cannot be delayed ad infinitum for any reason. I am, therefore, of the firm view that they are entitled to the relief.
Resultantly, I order this Writ Petition and direct the competent among respondents to ensure that the retiral benefits eligible to the petitioners, including DCRG, CVP and Terminal Leave Surrender salary as the case may be, are disbursed to them within a period of three months from the date of receipt of a copy of this judgment, notwithstanding whether the revision as sought for by the KSRTC is allowed by the Government or otherwise.
Needless to say, if any such revision is allowed by the Government in future, then the concomitant additional benefits eligible to the petitioners will also be released to them within a period of four months thereafter.
Sd/-
DEVAN RAMACHANDRAN JUDGE ANB APPENDIX OF WP(C) 29877/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF FREE PASS ISSUED TO THE
1ST PETITIONER DATED NIL.
Exh