IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 12035 of 2011(D) --------------------------------------- PETITIONER(S): ------------------------- K.REGHUVARAN, AGED 69, S/O.KANDAN, KOONAMTHARA HOUSE, PERUMPADANNA, NORTH PARAVUR, (EX-CONDUCTOR OF KERALA STATE ROAD TRANSPORT CORPORATION........). BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): -------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM.23. 2. THE EXECUTIVE DIRECTOR (VIGILANCE), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM.23. 3. THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM.23. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PAPPANAMKODU. 681 325. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, N.PARAVUR. 682 041, BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.12035/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPORT CHARGE SHEET NO.VLD-2-29707/89 DTD. 23.5.1989. P2:- COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. THOMAS JOHN. P3:- COPY OF THE TRUE COPY OF THE LETTER OF THE ADVOCATE ABRAHAM JOHN, NORTH PARAVUR DTD. 26.6.2010. P4:-COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. DILIGITH BHARATHAN, MEDICAL BOARD. P5:- COPY OF THE REPRESENTATION DTD. 27.2.2011 SUBMITTED BY THE PETITIONER BY THE PETITIONER TO THE M.D. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 12035 OF 2011 ------------------------------- DATED THIS THE 20TH DAY OF JULY, 2011 JUDGMENT This writ petition is filed for a writ of mandamus directing the respondents to sanction and disburse the provident fund amount with statutory interest, staff welfare fund and arrears of leave salary to the petitioner. While the petitioner was working as a conductor on 18/4/1989, he was booked in a ticket irregularity case. After enquiry, the petitioner was removed from service vide order No.VLD-2-297077/89 dated 10/9/1991. 2. Petitioner belongs to scheduled caste community. The irregularity noticed is mis-marking of one ticket of 60ps. It is stated in the writ petition that the petitioner became mentally impaired for a long time and that his wife is maintaining him by doing household jobs. The grievance of the petitioner is that the KSRTC failed to disburse the provident fund amount with statutory interest, staff welfare fund and the arrears of leave salary, which he -2- W.P.(C).No.12035/2011 is legally entitled. 3. The learned counsel for the petitioner relied on the decision reported in Varkey v. Headmaster (1994 (1) KLT SN 19 Page 21). Petitioner approached the KSRTC on several occasions requesting to disburse the aforesaid benefits. Ext.P5 is the latest representation submitted before the KSRTC. The learned Standing Counsel for the KSRTC on instructions submits that the Corporation is willing to disburse the amount within four months from today. In the facts and circumstances of the case, the lst respondent is directed to disburse the provident fund amount with statutory interest, staff welfare fund and arrears of leave salary to the petitioner within a period of three months from the date of receipt of a copy of the judgment. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.