Kerala High Court
K.S.R.T.C vs N.P.Bhaskaran on 26 February, 2009
Author: Kurian Joseph
Bench: Kurian Joseph, S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 461 of 2009()
1. K.S.R.T.C.
... Petitioner
Vs
1. N.P.BHASKARAN
... 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 :26/02/2009
O R D E R
KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ.
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Writ Appeal No.461 OF 2009
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Dated this the 26th day of February, 2009.
J U D G M E N T
Kurian Joseph, J.
The appellant/Kerala State Road Transport Corporation is the first respondent in W.P.(C) No.35758/2008. 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.461/2009 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 S.S.SATHEESACHANDRAN JUDGE smp W.A.No.461/2009 3 KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ.
W.A. No. 461 OF 2009 J U D G M E N T 26.02.2009