Kerala High Court
The Kerala State Road Transport vs K.C. Sudarsanan on 30 January, 2009
Author: Kurian Joseph
Bench: Kurian Joseph, K.T.Sankaran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 221 of 2009()
1. THE KERALA STATE ROAD TRANSPORT
... Petitioner
Vs
1. K.C. SUDARSANAN, RESIDING AT SUMA
... Respondent
For Petitioner :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/01/2009
O R D E R
KURIAN JOSEPH & K.T. SANKARAN, JJ.
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Writ Appeal No.221 OF 2009
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Dated this the 30th day of January, 2009.
J U D G M E N T
Kurian Joseph, J.
The appellant/Kerala State Road Transport Corporation is the respondent in W.P.(C) No.36555/2008. It is aggrieved by the direction issued by the learned Single Judge to disburse the retirement benefits to the writ petitioner overlooking the priority, observing also that the disbursement shall not be out of the 10% earmarked for disbursement of the retirement benefits.
2. We are afraid, in view of the direction issued by the Division Bench of this Court and by the Apex Court with regard to the disbursement of the retirement benefits, this Court will not be justified in issuing such a direction. The disbursement of the retirement benefits to the employees of the KSRTC is to be made, as per the decisions referred to above, out of the 10% of the income set apart specifically for the same, unless otherwise W.A.No.221/2009 2 permitted by the Supreme Court, since the Supreme Court is now in seizin of the entire issue.
The learned Single Judge having found that the petitioner is entitled for an out of turn treatment, we direct the appellant to disburse the benefits as directed by the learned Single Judge from out of the 10% set apart for disbursement of the retirement benefits, within ten days from the date of production of a copy of the judgment by the petitioner. Subject to the above modification, the Writ Appeal is disposed of.
KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp W.A.No.221/2009 3 KURIAN JOSEPH & K.T. SANKARAN, JJ.
W.A. No.221 OF 2009 J U D G M E N T 30.01.2009