IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4270 of 2008(G)
1. THE MANAGING DIRECTOR,
... Petitioner
Vs
1. M.BASHEER, (RTD. DRIVER, KOLLAM DEPOT),
... Respondent
For Petitioner :SHRI.JOHNSON P.JOHN, SC, KSRTC
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :07/03/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.4270 OF 2008
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Dated this the 7th day of March, 2008
JUDGMENT
The petitioner is the Kerala State Road Transport
Corporation. They are challenging Ext.P2 order of the Kerala Lok
Ayukta whereby the petitioner has been directed to pay
retirement benefits due to the respondent, who is a retired
employee of the KSRTC. The contention is that since a Division
Bench of this Court has framed a Scheme for payment of
retirement dues of retired employees of the KSRTC, payment can
be made only in accordance with that Scheme. Although notice
has been received by the respondent, there is no appearance on
behalf of the respondent.
2. I have heard the learned counsel for the petitioner.
The question involved in this writ petition is covered by a decision
of a Division Bench of this Court in KSRTC V. Padmavathy
[2008(1) KLT 584], in which the Division Bench has held that
although the Lok Ayukta has powers to entertain petitions
regarding payment of retirement benefits, the Lok Ayukta has no
W.P(c) No.4270/08 2
jurisdiction to pass orders against the Scheme framed by the
Division Bench of this Court regarding disbursal of retirement
benefits due to retired employees of the KSRTC.
In the above circumstances, Ext.P2 order of the Kerala
Lok Ayukta is quashed. However, this will not preclude the
respondent from approaching this Court for out of turn
payment, if the petitioner makes out an appropriate ground for
such out of turn payment.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
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