Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.28063 OF 2020(G) PETITIONER/S: 1 THOMAS K.V., (GUARD, KSRTC, ERNAKULAM DEPOT, RETIRED ON 31.5.2020) RESIDING AT KUNNAKKATTU, UDAYANAPURAM (PO), VAIKOM, KOTTAYAM DISTRICT, PIN-686 143. 2 CHANDRAMOHANAN NAIR N, (GUARD , KSRTC, CENTRAL WORKS, PAPPANAMCODE, RETIRED ON 31.5.2020) RESIDING AT KUNJU VEEDU, KARIPPUR, MALAYINKEEZHU (PO), THIRUVANANTHAPURAM, PIN-695 571. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2 CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695 023. 3 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM DEPOT, ERNAKULAM DISTRICT, PIN-683 101. 4 MECHANICAL ENGINEER (WORKS), KERALA STATE ROAD TRANSPORT CORPORATION, CENTEAL WORKS, PAPPANAMCODE (PO), THIRUVANANTHAPURAM, PIN 695 018.
SRI TP SAJAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28063 OF 2020 2
JUDGMENT
The petitioners state that they are the retired employees of the Kerala State Road Transport Corporation. According to them, they had entered into the service of the respondent Corporation during the month of October 2013. They contend that, in the light of Ext.P4 judgment, the petitioners herein are also entitled to the pensionary benefits in tune with the provisions of the Kerala Service Rules. Seeking benefits, they have submitted Exts.P6 and P7 representations before the 2nd respondent. Their prayer in this writ petition is for a declaration that the petitioners are entitled to pensionary benefits and for a further direction to the respondents to disburse the amounts due to them in an expeditious
2. Sri.K.P.Rajeevan, the learned counsel appearing for the petitioners, submits that the petitioners would be satisfied if the 2nd respondent is ordered to consider Exts.P6 and P7 in an expeditious
3. I have heard Sri. T.P. Sajan, the learned Standing Counsel WP(C).No.28063 OF 2020 3 appearing for the respondents.
4. Having regard to the facts and circumstances and the
submissions made across the Bar, this writ petition is disposed of with a direction to the 2nd respondent to take up Exhibits-P6 and P7 representations and pass appropriate orders, with notice to the petitioners, expeditiously, at any rate within a period of three months from the date of receipt of a copy of this judgment.
The petitioners shall produce a copy of the writ petition along with the judgment before the 2nd respondent to ensure compliance. Sd/- RAJA VIJAYARAGHAVAN V JUDGE NS WP(C).No.28063 OF 2020 4
APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF APPOINTMENT ORDER NO PL2/019426/13 DATED 10.10.2013 ISSUED TO THE 1ST PETITIONER. EXHIBIT P2 A TRUE COPY MEMORANDUM DATED 29.5.2020 ISSUED BY THE 3RD RESPONDENT TO THE EXHIBIT P3 A TRUE COPY OF THE MEMORANDUM 29.5.2020 ISSUED BY THE 4TH RESPONDENT TO THE EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 27.3.2017 IN WPC NO.2810 OF 2016. EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 8.1.2018 SPECIAL LEAVE PETITION (CIVIL) AGAINST THE JUDGMENT IN WPC NO.2810 OF 2016 VIDE DIARY NO.39335/2017. EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 3.12.2020 FILED BY THE 1ST PETITIONER EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 3.12.2020 FILED BY THE 2ND PETITIONER
RESPONDENT'S/S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE