IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 20583 of 2008(A) -------------------------- PETITIONER: ------------ P.A.JOSEPH, 57 YEARS, (RETIRED DRIVER, KSRTC) S/O.ANTHA, PALLIPARAMBIL HOUSE, CHERANALLOOR P.O., ERNAKULAM DISTRICT. BY ADV. SRI.S.SUGATHAN RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT. P.O., THIRUVANANTHAPURAM. 2. THE ASST.TRANSPORT OFFICER, K.S.R.T.C, NORTH PARAVUR UNIT N.PARAVUR P.O., ERNAKULAM DISTRICT. BY SRI. JOHNSON P. JOHN, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 20583 OF 2008 A ```````````````````````````````````````````````````` Dated this the 28th day of July, 2008 J U D G M E N T Prayers in the writ petition are follows: (i) to issue a writ of mandamus directing the respondents to revise the pension and DCRG of the petitioner as per Rule 65 of Part III KSR and disburse with arrears; (ii) to direct the respondents to pay the pensionary benefits as a special case immediately for the treatment of his wife; (iii) to direct the respondents to pay the amount of Provident Fund and Staff Welfare Fund immediately. 2. Petitioner retired as driver on 30.11.2005. According to him, his wife is suffering from Cancer from 2007. He has produced Ext.P5(a) report to show that her treatment will cost approximately Rs.1,00,000/-. Going by Ext.P1, DCRG comes to Rs.53,592/-. The petitioner has also a case that he is entitled to get pension under Rule 65 Part III KSR and he should be treated as having 17 years qualifying service as per Rule. 3. I heard learned counsel for the petitioner as also learned standing counsel. In the facts and circumstances of the WPC.20583/08 : 2 : case, writ petition is disposed of as follows. There will be a direction to the 1st respondent to conduct an enquiry as to whether the claim of the petitioner is genuine. The enquiry should be concluded within two weeks from the date of receipt of a copy of this judgment. If the claim of the petitioner is found genuine, there will be a further direction to the 1st respondent to disburse the entire amount due to the petitioner as DCRG, in accordance with law, within a period of three months from the date on which the enquiry is concluded. If the petitioner moves with a representation before the 1st respondent regarding his claim that he is entitled to 17 years qualifying service under Rule 65 Part III KSR, the 1st respondent will consider the same and take a decision thereon, in accordance with law, within a period of one month from the date of receipt of such representation. The direction to pay DCRG need be complied with only if there is no liability which the petitioner has to discharge in accordance with law. I make absolute the interim order to pay the Provident Fund and Staff Welfare Fund also. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE