Kerala State Road Transport … vs Ratheesh P. on 2 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 232 of 2009()


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

                        Vs



1. RATHEESH P. S/O.VASUDEVAN, PARNASHALA
                       ...       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 HARUN-UL-RASHID

 Dated :02/02/2009

 O R D E R
          KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
              ------------------------------------------
                   Writ Appeal No.232 OF 2009
              ------------------------------------------
           Dated this the 2nd day of February, 2009.


                          J U D G M E N T

Kurian Joseph, J.

The appellant/Kerala State Road Transport Corporation is

the respondent in W.P.(C) No.492/2009. 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.

2. 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

W.A.No.232/2009 2

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 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

HARUN-UL-RASHID
JUDGE

smp

W.A.No.232/2009 3

KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.

W.A. No. 232 OF 2009

J U D G M E N T

02.02.2009