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High Court of KeralaWP(C)/958/2014disposed of

M.C.Jacob v. The Chairman & Managing Director

2015-08-13Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 WP(C).No. 958 of 2014 (T) -------------------------- PETITIONER:

------------------- M.C.JACOB (PPO NO.37264), MURIKUNNEL HOUSE, UZHAVOOR.P.O., KOTTAYAM (ASSISTANT TRANSPORT OFFICER, RETIRED ON 31.5.2006 FROM KERALA STATE ROAD TRANSPORT CORPORATION , VENJARAMOODU DEPOT, THIRUVANANTHAPURAM).

BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENTS:

-----------------------

1. THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

2. THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.

3. THE ASSISTANT PERSONNEL OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM 695 009.

4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA DEPOT 681 006.

R1-R4 BY STANDING COUNSEL SRI. M. GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 958 of 2014 (T) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE PETITIONER ISSUED BY THE RESPONDENT CORPORATION EXT.P2 TRUE COPY OF THE PAGE NO.27 OF THE SERVICE BOOK OF THE PETITIONER EXT.P3 TRUE COPY OF THE PAGE NO.26 OF THE SERVICE BOOK OF THE PETITIONER EXT.P3(a) TRUE COPY OF THE PAGE NO.31 OF THE SERVICE BOOK OF THE PETITIONER EXT.P4 TRUE COPY OF JUDGMENT IN KSRTC V.VAMADEVAN NAIR 1996(1)KLT 581 EXT.P5 TRUE COPY OF JUDGMENT IN O.P.8023/2003 DATED 15.2.2007 OF THIS HONOURABLE COURT.

EXT.P6 TRUE COPY OF THE PAGE NO.34 OF THE SERVICE BOOK OF THE PETITIONER EXT.P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT CORPORATION DATED 10.10.2013. RESPONDENT(S)' EXHIBITS ANNEXURE R1(a) TRUE COPY OF ORDER NO. LR1 (LR 10) 78303/91 DATED 13.08.2010.

/TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 958 OF 2014 ------------------------------------ Dated this the 13th day of August, 2015

JUDGMENT

The petitioner seeks disbursement of amounts under the following heads:

(i) Arrears of substance allowance under the Kerala Payment of Substance Allowance Act.

(ii) Arrears of salary consequent to the grade promotion as I Grade Inspector and Cadre promotion as Assistant Transport Officer.

(iii) Arrears of pay and pension after revision.

(iv) Death cum retirement gratuity and commuted value of pension.

2.

The petitioner has in this regard submitted Ext.P7 representation which is pending. The petitioner also relies on Exts.P4 and P5 judgments. The petitioner wants an expeditious action owing to the financial difficulties in which he placed.

WP(C) No. 958/2014 3.

I direct the first respondent to consider Ext.P7 representation in the light of Exts.P4 and P5 judgments. The needful shall be done with notice to the petitioner within a period of two months. Needless to say that the consequential monitory benefits shall be disbursed to the petitioner without delay.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd