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Kerala High Court

C.G.Muraleedharan Nair vs Kerala State Road Transport ... on 31 January, 2002

       

  

  

 
 
                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                              PRESENT:

                       THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

       WEDNESDAY, THE 18TH DAY OF DECEMBER 2013/27TH AGRAHAYANA, 1935

                                 WP(C).No. 31383 of 2013 (W)
                                --------------------------------------------

PETITIONER:
-------------------

           C.G.MURALEEDHARAN NAIR,
            MURALEE BHAVAN, MANAKKALA P.O., ADOOR,
            PATHANAMTHITTA DISTRICT-691 551 (DRIVER,
            POOVAR DEPOT, RETIRED ON 31/10/2007).

            BY ADV. SRI.N.SASIDHARAN UNNITHAN

RESPONDENTS:
-----------------------

         1. KERALA STATE ROAD TRANSPORT CORPORATION
            REPRESENTED BY THE MANAGING DIRECTOR
            K.S.R.T.C, THIRUVANANTHAPURAM-695 058.

         2. ASSISTANT TRANSPORT OFFICER
             K.S.R.T.C, POOVAR UNIT,THIRUVANANTHAPURAM-695 058.


             BY S.C SRI.BABU JOSEPH KURUVATHAZHA

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
        ON 18-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:




Msd.

WP(C).No. 31383 of 2013 (W)
----------------------------------------

                                            APPENDIX
                                            ---------------

PETITIONER'S EXHIBITS:
-------------------------------------


EXHIBIT P1.COPY OF THE LETTER NO.E2/1942/2001/PVR DATED 31/1/2002
                 OF THE 2ND RESPONDENT.

EXHIBIT P2. COPY OF THE SALARY SLIP OF THE PETITIONER FOR THE MONTH
                  OF AUTUST, 2002.

EXHIBIT P3. COPY OF THE REPRESENTATION WITH THE PRESCRIBED
                  APPLICATION FOR EX-GRATIA PENSION DATED 7/12/2013 OF THE
                  PETITIONER.


RESPONDENTS' EXHIBITS:                           NIL
---------------------------------------




                                                            //TRUE COPY\\


                                                            P.A.TO JUDGE.


Msd.



                   C.K. ABDUL REHIM, J.

              -------------------------------------------------
             W.P.(c) No. 31383 OF 2013-W
              -------------------------------------------------
      DATED THIS THE 18th DAY OF DECEMBER, 2013.

                         J U D G M E N T

Petitioner is a retired Driver of the 1st respondent Corporation. Admittedly he is not having the qualifying service making him eligible for pension and pensionary benefits. But according to the petitioner he is eligible for payment of Ex-gratia pension under the scheme formulated by the respondent Corporation. The petitioner had submitted Ext.P3 request before the 1st respondent for sanctioning of Ex-gratia pension, and for payment of benefits out of the provident fund and staff welfare fund. Since the said request is not considered, this writ petition is filed.

2. Heard; counsel for the petitioner and Standing counsel appearing for the respondents. A direction for consideration of Ext.P3 and to take an appropriate decision within a time limit will suffice to meet the ends of justice. W.P.(c) No.31383/2013 -2-

3. Therefore the writ petition is disposed of directing the 1st respondent to consider Ext.P3 and to take an appropriate decision on the requests made for sanctioning of Ex-gratia pension as well as benefits under the provident fund and staff welfare fund, if necessary after affording an opportunity of personal hearing to the petitioner.

4. A decision in this regard shall be taken at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment.

Sd/-

C.K. ABDUL REHIM, JUDGE.

AMG True copy P.A to Judge