The Kerala State Road Transport vs T.M.Varghese on 29 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 208 of 2009()


1. THE KERALA STATE ROAD TRANSPORT
                      ...  Petitioner
2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS
3. THE ASSISTANT ACCOUNTS OFFICER(PENSION),
4. THE ASSISTANT TRANSPORT OFFICER,KSRTC,

                        Vs



1. T.M.VARGHESE,S/O.T.C.MATHAI,
                       ...       Respondent

                For Petitioner  :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :29/01/2009

 O R D E R
     KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ.
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                      W.A. No.208 of 2009
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                    Dated 29th January, 2009.

                          J U D G M E N T

Kurian Joseph, J.

Appellant/Kerala State Road Transport Corporation is

the respondent in W.P.(C) No.35229/08. 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 benefits as directed by the learned

WA NO.208/09 2

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.

P.R.RAMACHANDRA MENON, JUDGE.

tgs

KURIAN JOSEPH &

P.R.RAMACHANDRA MENON, JJ

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W.A. No.208 of 2009

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J U D G M E N T

Dated 29th January, 2009.