Kerala State Road Transport … vs A.Kamal on 12 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 322 of 2009()


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

                        Vs



1. A.KAMAL, RETD. SUPERINTENDENT, KSRTC,
                       ...       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 :12/02/2009

 O R D E R
                      KURIAN JOSEPH &
                S.S.SATHEESACHANDRAN, JJ.
         -------------------------------------------------
                     W.A.No.322 of 2009
        --------------------------------------------------
         Dated this the 12th day of February, 2009

                           JUDGMENT

Kurian Joseph,J.

Appellant/Kerala State Road Transport Corporation is the

respondent in W.P.(C) No.37076/08. 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

W.A.No.322/2009
: 2 :

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)
ahg.

KURIAN JOSEPH &
S.S.SATHEESACHANDRAN, JJ.

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W.A.No.322 of 2009

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JUDGMENT

12th February, 2009