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Kerala High Court

M. Ramarajan vs The Kerala State Road Transport ... on 17 September, 2011

Author: C.K.Abdul Rehim

Bench: C.K.Abdul Rehim

       

  

  

 
 
                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT:

                       THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

                  TUESDAY,THE 24TH DAY OF JUNE 2014/3RD ASHADHA, 1936

                                 WP(C).No. 16005 of 2014 (A)
                                    ----------------------------

PETITIONERS :
-------------------

        1. M. RAMARAJAN, S/O.GOVINDAN NAIR,
             MADATHIL HOUSE, ARAKULAM WEST,
            KODUNGALLUR, THRISSUR PIN - 680664
           (DIST.TRANSPORT OFFICER - RETIRED
            THRISSUR D/R1.5.2012).

        2. A.K.RAVEENDRAN
            S/O.A.K.KRISHNAN, AKKODAPILLY HOUSE,
            CHANADICALTEMPLE ROAD, PATHAZHAKAD P.O.,
            KODUNGALLUR, THRISSUR - 680 668.
           (SUPERINTENDENT - RETIRED GURUVAYOOR D/R 30.11.2013)

            BY ADV. SRI.C.V.MILTON

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

        1. THE KERALA STATE ROAD TRANSPORT CORPORATION,
            REPRESENTED BY ITS MANAGING DIRECTOR,
            TRANSPORT BHAVAN, FORT P.O.,
            THIRUVANANTHAPURAM - 695023

        2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER,
            KERALA STATE ROAD TRANSPORT CORPORATION,
            TRANSPORT BHAVAN, FORT P.O.,
            THIRUVANANTHAPURAM - 695023.

        3. THE DISTRICT TRANSPORT OFFICER,
            KERALA STATE ROAD TRANSPORT CORPORATION,THRISSUR - 680 021.

        4. THE DISTRICT TRANSPORT OFFICER
            KERALA STATE ROAD TRANSPORT CORPORATION
            GURUVAYOOR - 680101.

             BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

            THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
            ON 24-06-2014, THE COURT ON THE SAME DAY DELIVERED THE
            FOLLOWING:

BP

WP(C).No. 16005 of 2014 (A)
----------------------------

                                          APPENDIX

PETITIONER(S)' EXHIBITS
-------------------------------------

EXT.P-1(A):         TRUE COPY OF IST PAGE OF THE PENSION PAYMENT ORDER ISSUED
                     TO THE IST PETITIONER.

EXT.P-1(B):         TRUE COPY OF IST PAGE OF THE PENSION PAYMENT ORDER ISSUED
                     TO THE 2ND PETITIONER.

EXT.P-2:            TRUE COPY OF THE ORDER NO.L.R.8/023330/97 DATED 17.9.2011
                     ISSUED BY THE IST RESPONDENT.

EXT.P-3(A):         TRUE COPY OF THE REPRESENTATION DATED 3.4.2014 SENT TO THE
                     IST RESPONDENT BY THE IST PETITIONER.

EXT.P-3(B):         TRUE COPY OF THE REPRESENTATION DATED 4.5.2014 SENT TO THE
                     IST RESPONDENT BY THE 2ND PETITIONER.

EXT.P-4:            TRUE COPY OF THE JUDGMENT DATED 25.9.2012 IN WPC
                     NO.22257/2012


RESPONDENT(S)' EXHIBITS                  :          NIL.


                                                          //TRUE COPY//


                                                          P.A. TO JUDGE

BP



                        C.K.ABDUL REHIM,J.
                    -------------------------------
                    WP(C).NO. 16005 of 2014
                   ---------------------------------
           Dated this the     24th     day of June, 2014

                            JUDGMENT

Petitioners are retired employees of the 1st respondent Corporation. Grievance is regarding non payment of arrears of pay revision due for the period from 1.3.1997 to 31.10.1999 based on the general pay revision which was brought into effect on 1.3.1997. The petitioners rely on Ext. P2 proceedings issued by the 1st respondent with respect to payment of pay revision arrears to serving as well as retired employees. It is pointed out that a time frame was fixed to disburse the arrears with respect to employees retiring after 31.3.2011, along with their retirement benefits. Despite the fact that the petitioners retied from service after 31.3.2011, the pay revision arrears is not paid to them along with the retirement benefits. The petitioners also rely on the bilateral agreement executed on 22.5.2012 for claiming the benefits. It is noticed that the petitioners had submitted Exts. P3

(a) and Ext.P3(b) representations before the Managing Director of the 1st respondent Corporation seeking payment of arrears of WP(C). 16005 /2014 the benefits due under the 1997 pay revision. Since those representations were not considered this writ petition is filed.

2. This court is of the considered opinion that it is for the 1st respondent Corporation to consider the claim of the petitioners and to take appropriate decisions. Hence interest of justice will be achieved by directing an early disposal of Exts. P3(a) and P3

(b).

3. Therefore the writ petition is disposed of by directing the 1st respondent to consider Exts. P3(a) and P3(b) and to take an appropriate decision on the requests made therein, if necessary after affording opportunity of personal hearing to the petitioners. 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.

C.K.ABDUL REHIM, JUDGE pmn/ WP(C). 16005 /2014 WP(C). 16005 /2014