Viswanathan.a vs Managing Director

Type Court Judgment Court Kerala Decided Jul 31, 2024

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Citation: sooperkanoon.com/1328061
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Jul 31, 2024
Case Number: WP(C)/23656/2024

Parties & Advocates

Appellant / Petitioner

Viswanathan.a

Respondent

Managing Director

Excerpt

.....petitioner retired from the kerala state road transport corporation as a driver. he states that he has only less than 10 years of service and he is entitled to get ex gratia pension. since his application for ex gratia pension was not acted upon, he submitted exts.p5 and p6 representations before the 1st respondent requesting for its disbursement. the grievance of the petitioner is that the said representations are not so far considered by the 1st respondent. the petitioner has accordingly filed this writ petition for the following reliefs :- a) call for the records leading to the issue of exhibit-p5 & p6 in this case; b) to issue a writ of mandamus or any other appropriate writ or directions directing the 1st respondent to sanction the ex-gratia pension from 01.06.2016 entitled by the petitioner with immediate effect, c) to issue a writ of mandamus or any other appropriate writ or directions to the 1 st respondent to sanction and disburse the arrears of ex-gratia pension to the petitioner from 01.06.2016 without any delay,2. a counter affidavit has been filed by the respondents wherein it is stated that the petitioner can be granted ex gratia pension only from the date of submission of the application i.e 1.2.2023.3. the learned counsel for the petitioner submitsthat the petitioner is agreeable to the stand taken by the respondents in the counter affidavit and to receive ex gratia pension from the date of submission of the application. recording the submission of the learned counsel for the petitioner, this writ petition is disposed of directing the competent among the respondents to disburse the ex gratia pension due to the petitioner with arrears from 01.02.2023 as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. sd/- murali purushothaman judge al/-. appendix of wp(c) 23656/2024petitioner exhibits exhibit p1 true copy of the pension pass exhibit p2 true copy of the g.o.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, WP(C) NO. 23656 OF 2024 PETITIONER/S: VISWANATHAN.A AGED 65 YEARS S/O. MANGATT RAVUNNI NAIR, MANGATT HOUSE, ARIYALLOOR, PARAPPANANGADI P.O, MALAPURAM DISTRICT,, PIN - 676303 BY ADV C.V.MILTON RESPONDENTS: 1 MANAGING DIRECTOR TRANSPORT BHAVAN, FORT P.O THIRUVANANTHAPURAM, PIN - 695023 2 FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER TRANSPORT BHAVAN, FORT P.O THIRUVANANTHAPURAM, PIN - 695023 3 DISTRICT TRANSPORT OFFICER KOZHIKODE, PIN - 673001 BY ADV AKHIL SURESH THIS WRIT PETITION (CIVIL) HAVING HAVING BEEN FINALLY HEARD ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner retired from the Kerala State Road Transport Corporation as a driver. He states that he has only less than 10 years of service and he is entitled to get ex gratia pension. Since his application for ex gratia pension was not acted upon, he submitted Exts.P5 and P6 representations before the 1st respondent requesting for its disbursement. The grievance of the petitioner is that the said representations are not so far considered by the 1st respondent. The petitioner has accordingly filed this writ petition for the following reliefs :- a) call for the records leading to the issue of Exhibit-P5 & P6 in this case; b) to issue a Writ of Mandamus or any other appropriate writ or directions directing the 1st respondent to sanction the ex-gratia pension from 01.06.2016 entitled by the petitioner with immediate effect, c) to issue a Writ of Mandamus or any other appropriate writ or directions to the 1 st respondent to sanction and disburse the arrears of ex-gratia pension to the petitioner from 01.06.2016 without any delay,

2. A counter affidavit has been filed by the respondents wherein it is stated that the petitioner can be granted ex gratia pension only from the date of submission of the application i.e 1.2.2023.

3. The learned counsel for the petitioner submits

that the petitioner is agreeable to the stand taken by the respondents in the counter affidavit and to receive ex gratia pension from the date of submission of the application. Recording the submission of the learned counsel for the petitioner, this writ petition is disposed of directing the competent among the respondents to disburse the ex gratia pension due to the petitioner with arrears from 01.02.2023 as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- MURALI PURUSHOTHAMAN JUDGE al/-. APPENDIX OF WP(C) 23656/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PENSION PASS Exhibit P2 TRUE COPY OF THE G.O (P) NO.18.09.1999 OF EX-GRATIA PENSION Exhibit P3 TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 10.01.2023 SUBMITTED TO THE DISTRICT/CLUSTER OFFICER Exhibit P4 TRUE COPIES OF THE RECEIPT NOS. 53734 TO 53739 DATED 10.01.2023 Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 28.10.2023 OF THE PETITIONER TO THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 22.04.2024 OF THE PETITIONER TO THE 1ST RESPONDENT

Same Court & Year Kerala · 2024 Same Parties Viswanathan.a vs Managing Director Same Judge Honourable Mr.Justice Murali Purushothaman