High Court Kerala High Court

S.Vijayakumaran Nair vs Kerala State Road Transport … on 19 October, 2010

Kerala High Court
S.Vijayakumaran Nair vs Kerala State Road Transport … on 19 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31875 of 2010(H)


1. S.VIJAYAKUMARAN NAIR,
                      ...  Petitioner

                        Vs



1. KERALA STATE ROAD TRANSPORT CORPORATION,
                       ...       Respondent

2. KERALA STATE TRANSPORT WORKERS

3. KERALA STATE FINANCIAL ENTERPRISES

                For Petitioner  :SRI.K.P.RAJEEVAN

                For Respondent  :SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :19/10/2010

 O R D E R
                   T.R.RAMACHANDRAN NAIR,J.
                     -------------------------------------
                    W.P.(C)No.31875 Of 2010 H
               -----------------------------------------------------
         DATED THIS THE 19th DAY OF OCTOBER, 2010

                                J U D G M E N T

The petitioner retired from the service of the 1st respondent-

Corporation on 31.12.2008. The petitioner has got certain

liabilities to be cleared with the 2nd and 3rd respondents. The 2nd

respondent has filed ARC No.1389/2010 before the Assistant

Registrar(General) and a copy of which has been produced as

Exhibit P2. The 3rd respondent has issued Exhibit P3 notice for

recovering certain amounts. The learned counsel for the

petitioner submitted that the delay in disbursal of the DCRG,

commuted value of pension, etc. will therefore adversely affect

the petitioner.

2. This Court in Writ Appeal No.289/2001 has issued

various directions to the Corporation with regard to the disbursal

of retirement benefits. It is specified as item No.5 therein that

retirement benefits should be disbursed strictly on the basis of

the date of retirement, unless otherwise ordered by this Court.

3. The learned Standing Counsel for the Corporation

submitted that due enquiry will be conducted in the matter. The

W.P.(C)No.31875/10 -2-

learned counsel for the 2nd respondent prayed that the

Corporation may be directed to adjust an amount of

Rs.1,66,382/- which is the amount claimed in the plaint Exhibit

P2, before disbursing the amount towards retirement benefits.

4. There will be a direction to the Corporation to conduct

due enquiries and disburse the eligible benefits to the petitioner

after recovering and paying the amounts claimed by respondents

2 and 3, within a period of two months.

The Writ Petition is disposed of as above.

T.R.RAMACHANDRAN NAIR, JUDGE.

dsn