Kerala High Court
Kerala State Road Transprot ... vs P.R. Raveendranathan Pillai on 17 February, 2009
Author: Kurian Joseph
Bench: Kurian Joseph, S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 366 of 2009()
1. KERALA STATE ROAD TRANSPROT CORPORATION,
... Petitioner
Vs
1. P.R. RAVEENDRANATHAN PILLAI,
... Respondent
For Petitioner :SHRI.JOHNSON P.JOHN, SC, KSRTC
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :17/02/2009
O R D E R
KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ.
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W.A. No.366 of 2009
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Dated 17th February, 2009.
J U D G M E N T
Kurian Joseph, J.
Appellant/Kerala State Road Transport Corporation is the respondent in W.P.(C) No.34639/08. 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. 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 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 WA NO.366/09 2 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.
S.S.SATHEESACHANDRAN, JUDGE.
tgs KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ
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J U D G M E N T Dated 17th January, 2009.