K.A.Mohammed Khan Vs. the Kerala State Road Transport Corporation - Court Judgment

SooperKanoon Citationsooperkanoon.com/1015723
CourtKerala High Court
Decided OnAug-05-2013
JudgeHONOURABLE MR.JUSTICE C.K.ABDUL REHIM
AppellantK.A.Mohammed Khan
RespondentThe Kerala State Road Transport Corporation
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice c.k.abdul rehim monday, the 5th day of august 2013 14th sravana, 1935 wp(c).no. 19401 of 2013 (a) ---------------------------- petitioner(s): -------------------------- k.a.mohammed khan aged 6 years (ppo no.36703 ponkunnam) s/o.abdul khader kochuparambil, chittady p.o. pin-686 512, parathode kottayam district (conductor, kerala state road transport corporation retired on 28-2-2006 from ponkunnam depot) by adv. sri.k.p.justine (karipat) respondent(s): ---------------------------- 1. the kerala state road transport corporation represented by its managing director transport bhavan fort p.o. thiruvananthapuram-695 023.2. the assistant transport officer kerala state road transport corporation ponkunnam depot”004. by sri.babu joseph kuruvathazha,sc,ksrtc this writ petition (civil) having come up for admission on 05-08-2013, the court on the same day delivered the following: wp(c).no. 19401 of 2013 (a) ---------------------------- appendix petitioner's exhibits ------------------------------------- ext.p1 - true copy of the pension payment order issued by the respondent corporation to the petitioner ext.p2 - true copy of the order no.lr-8-012426/2000 dated 10 8-2000 issued by the labour section of respondent corporation ext.p3 - true copy of page no.7 of 200.pay revision agreement ext.p4 - true copy of order no.p.a. 23/001500/09 dated 2 3-2009 issued by the pension & audit wing issued by the respondent corporation ext.p5 - true copy of judgment dated 26 2-2010 in w.a.no.210/2010 of this honourable court. ext.p6 - true copy of the judgment dated 2 8-2010 in wp.c.no.24064/2010 of this honourable court. ext.p7 - true copy of the representation submitted by the petitioner before the respondent corporation dated 2 1-2013 respondents' exhibits --------------------------------------- nil //true copy// p.a. to judge shg/ c.k. abdul rehim, j.- - - - - - - - - - - - - - - - - - - - - - - w.p.(c)no.19401 of 2013 - - - - - - - - - - - - - - - - - - - - - - - dated this the 5th day of august, 2013 judgment petitioner is a retired employee of the 1st respondent corporation. grievance of the petitioner is that upgradation of pay on the basis of ext.p2 order as well as revision of monthly pension consequent to general pay revision agreements executed in the year 2008 & 2012 has not been paid, despite repeated demands.2. heard; counsel for the petitioner and learned standing counsel appearing for the 1st respondent. the petitioner had already submitted ext.p7 representation before the 1st respondent representing his grievances. interest of justice will be achieved if a direction is issued to the 1st respondent for an early consideration of ext.p7. therefore the writ petition is disposed of directing the 1st respondent to consider and dispose of ext.p7 representation after affording an opportunity of personal w.p.(c)no.19401 of 2013 -2- hearing to the petitioner. a decision in this regard shall be taken at the earliest possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. sd/- c.k. abdul rehim, judge //true copy// p.a. to judge shg/
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM MONDAY, THE 5TH DAY OF AUGUST 2013 14TH SRAVANA, 1935 WP(C).No. 19401 of 2013 (A) ---------------------------- PETITIONER(S): -------------------------- K.A.MOHAMMED KHAN AGED 6 YEARS (PPO NO.36703 PONKUNNAM) S/O.ABDUL KHADER KOCHUPARAMBIL, CHITTADY P.O. PIN-686 512, PARATHODE KOTTAYAM DISTRICT (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 28-2-2006 FROM PONKUNNAM DEPOT) BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): ---------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN FORT P.O. THIRUVANANTHAPURAM-695 023.

2. THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION PONKUNNAM DEPOT”

004. BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19401 of 2013 (A) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED BY THE RESPONDENT CORPORATION TO THE PETITIONER EXT.P2 - TRUE COPY OF THE ORDER NO.LR-8-012426/2000 DATED 10 8-2000 ISSUED BY THE LABOUR SECTION OF RESPONDENT CORPORATION EXT.P3 - TRUE COPY OF PAGE NO.7 OF 200.PAY REVISION AGREEMENT EXT.P4 - TRUE COPY OF ORDER NO.P.A. 23/001500/09 DATED 2 3-2009 ISSUED BY THE PENSION & AUDIT WING ISSUED BY THE RESPONDENT CORPORATION EXT.P5 - TRUE COPY OF JUDGMENT DATED 26 2-2010 IN W.A.NO.210/2010 OF THIS HONOURABLE COURT. EXT.P6 - TRUE COPY OF THE JUDGMENT DATED 2 8-2010 IN WP.C.NO.24064/2010 OF THIS HONOURABLE COURT. EXT.P7 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT CORPORATION DATED 2 1-2013 RESPONDENTS' EXHIBITS --------------------------------------- NIL //True copy// P.A. TO JUDGE Shg/ C.K. ABDUL REHIM, J.

- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.19401 of 2013 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2013 JUDGMENT

Petitioner is a retired employee of the 1st respondent Corporation. Grievance of the petitioner is that upgradation of pay on the basis of Ext.P2 order as well as revision of monthly pension consequent to general pay revision agreements executed in the year 2008 & 2012 has not been paid, despite repeated demands.

2. Heard; counsel for the petitioner and learned Standing Counsel appearing for the 1st respondent. The petitioner had already submitted Ext.P7 representation before the 1st respondent representing his grievances. Interest of justice will be achieved if a direction is issued to the 1st respondent for an early consideration of Ext.P7. Therefore the writ petition is disposed of directing the 1st respondent to consider and dispose of Ext.P7 representation after affording an opportunity of personal W.P.(C)No.19401 of 2013 -2- hearing to the petitioner. A decision in this regard shall be taken at the earliest possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- C.K. ABDUL REHIM, JUDGE //True copy// P.A. TO JUDGE shg/