IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 145 of 2009(D)
1. KERALA STATE ROAD TRANSPORT
... Petitioner
Vs
1. M.ALI AKBAR, S/O. MUHAMMED
... Respondent
For Petitioner :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :03/04/2009
O R D E R
K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.
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R.P.No.145 of 2009 - D
in
W.P.(C).No.30065 of 2008
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Dated this the 3rd day of April, 2009.
O R D E R
Balakrishnan Nair, J.
The respondent (KSRTC) in W.P.(C).No.30065/2008 has
preferred this review petition seeking review of the judgment in
the writ petition dated 16.12.2008. Since the KSRTC failed to
pay the terminal benefits due to retired persons other then
monthly pension in time, this Court issued certain directions in
W.A.No.289/2001 concerning the same. It was ordered that
10% of the daily collection shall be set apart to meet the
pensionary claims of the retired employees. The pensionary
benefits were to be released according to the seniority of the
retirees reckoned with reference to the date of retirement. While
so, some of the pensioners came forward raising demand for out
of turn payment. The grounds raised for out of turn payment
were the marriages of their daughters or treatment for serious
illness like cancer for the members of the family. Those claims
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were verified and certified by the KSRTC as genuine. Thereupon,
this Court in a batch of writ petitions allowed out of turn payment
of terminal benefits to the petitioners therein. From one of such
writ petitions, W.P.(C).No.30065/2008, this review petition
arises. This Court ordered that when out of turn payment is
made, the same may be paid not from the 10% set apart for
payment to the pensioners but from other funds. While saying
so, we meant that the same should be paid from the 90% of the
collection available to the KSRTC. Such an order was passed to
avoid prejudice to the general pensioners standing in the queue
to receive the terminal benefits due to them, as a result of out of
turn payment. It will be unfortunate that if a pensioner is not
having a daughter of marriageable age, he will not get terminal
benefits in time or the release of terminal benefits to him will be
further delayed when such claims are made from the 10% of the
daily collection set apart by the KSRTC. Now, the present review
petition is filed praying that the said direction may be modified
and the out of turn payment may also be ordered to be paid from
the 10% daily collection set apart for the benefits of the
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pensioners. We feel that the ill-effects of direction issued by us,
highlighted in this review petition are imaginary. The pensioners
who claim out of turn payment on compassionate terms are also
entitled to receive payment after some time. So paying their
amounts in advance will not in any way increase the financial
burden of the KSRTC, as their claims are not new claims. We
have gone through the grounds raised in the review petition. We
feel that no ground is made out to review the judgment. The
portion of the judgment sought to be reviewed has been
consciously rendered by us having regard to the facts of the case.
In the result, the review petition fails and accordingly, it is
dismissed.
K.BALAKRISHNAN NAIR,
JUDGE.
M.C.HARI RANI,
JUDGE.
bkn/-