High Court of KeralaWP(C)/2167/2015disposed of

M.A.Joy v. The M.D., K.S.R.T.C

2015-01-28Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 2167 of 2015 (U) --------------------------- PETITIONER:

------------------ M.A.JOY, AGED 56 YEARS, S/O.M.P. ANTHAPPAN, MANAPPARAMBIL HOUSE, VADAKKEKARA P.O., NORTH PARUR, ERNAKULAM - 683 522 (ASSISTANT STORE KEEPER RETIRED ON 31/10/2014 FROM MALA DEPOT) BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENTS:

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1. THE MANAGING DIRECTOR, KSRTC, 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 TRANSPORT OFFICER, KSRTC, MALA DEPOT. 681 006.

BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2167 of 2015 (U) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. EXHIBIT P2 - TRUE COPY OF THE REPRESENTATION DATED 13/08/2014. EXHIBIT P3 - TRUE COPY OF THE REPRESENTATION DATED 20/12/2014. RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 2167 OF 2015 ------------------------------------ Dated this the 28th day of January, 2015

JUDGMENT

The writ petition has been filed seeking a direction to sanction and disburse the monthly pension and other retiral benefits. The petitioner contends that he is eligible for permanent exemption from passing the obligatory departmental test as he had put in 25 years of service. Reliance is placed on Rule 13 B of Part II of the Kerala State and Subordinate Services Rules, 1958.

The petitioner has in this regard filed Exts.P2 and P3 representations with the first respondent. I direct the first respondent to consider Exts.P2 and P3 representations with notice to the petitioner. The impact of Rule 13 B of Part II of the Kerala State and Subordinate ServicesvRules, 1958 shall also be adverted to. Final orders shall be passed with notice to the petitioner within a period of two months from the date of production of a copy of this judgment.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd