IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36971 of 2008(B)
1. G.SADASIVAN NAIR, (TYRE RETREADER, KSRTC
... Petitioner
Vs
1. KERALA STATE ROAD TRANSPORT CORPORATION
... Respondent
For Petitioner :SRI.K.P.RAJEEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :27/01/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).Nos.36971/08, 179/09,
965/09, 973/09 & 1137/2009
==================
Dated this the 27th day of January, 2009
J U D G M E N T
In these writ petitions, the petitioners are retired employees of
the KSRTC. As per the scheme framed by this Court for payment of
retirement benefits due to the retired employees of the KSRTC, the
retired employees have to stand in the queue in accordance with the
priority of the date of retirement. The petitioners have sought out of
turn payment, for which, according to the petitioners, provision is
made in the scheme framed by this Court. The petitioners submit that
they are in dire need of money for conducting marriage of their
daughters which have already been scheduled, to prove which, they
have produced documents along with the writ petitions. I had directed
the Standing Counsel for the KSRTC to ascertain the genuineness of
the claims. The learned Standing Counsel reports that the claims of
the petitioners are genuine.
2. A Division Bench of this court had in similar cases
permitted such out of turn payment for the purpose of marriage of
daughters of the petitioners in those writ petitions. However, the
Division Bench directed that such payment shall not be out of the 10%
collection set apart for payment of retirement benefits to retired
w.p.c.36971/08 etc. 2
employees, but shall be out of other funds of the Corporation. The
Standing Counsel for the Corporation would argue that such condition
should be deleted in view of two subsequent Division Bench decisions
in W.A.Nos.131/09 and 2479/08. I am of opinion that while making
such out of turn payments, those waiting in the queue for years
together shall not be prejudiced. Accordingly, following the Division
Bench decision in W.P(C).No.33094/2007 and connected cases, I
pass the following directions in these writ petitions:
The KSRTC shall pay to the petitioners the balance retirement
benefits due to them within one month from the date of receipt of a
copy of this judgment. The payment shall be made from other funds of
the KSRTC and not from the 10 per cent collection set apart for paying
amounts due to the pensioners who are waiting in the queue.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge