IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 27916 of 2007(W) -------------------------- PETITIONER: ------------ V.P. GOPALAN, AGED 55 YEARS, S/O. LATE PAPY, MECHANIC (RETIRED), KERALA STATE ROAD TRANSPORT CORPORATION, RESIDING AT ASWATHY, THAKAZHI P.O., AMBALAPPUZHA (VIA), ALLEPPEY. BY ADV. SRI.C.S.MANU RESPONDENTS: ------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 3. EXECUTIVE DIRECTOR (FINANCE CELL), KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 4. EXECUTIVE DIRECTOR (VIGILANCE), KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY ADV.SRI.K.PRABHAKARAN, SC, KSRTC FOR R.1TO4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 JUDGMENT IN WPC.20071/06 DT 7.8.06 P2 REPRESENTATION DT 6.10.06. P3 ORDER DT 26.10.06. P4 JUDGMENT IN WPC.8798/05 DT 6.4.05. P5 REPRESENTATION DT 24.1.07 P6 ORDER DT 27.10.06. P7 REPRESENTATION DT 24.1.07. P8 ORDER DT 7.11.06. P9 REPRESENTATION DT 24.1.07. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 27916 OF 2007 W ```````````````````````````````````````````````````` Dated this the 28th day of May, 2008 J U D G M E N T Petitioner has approached this Court seeking the following reliefs: (i) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to pass orders for payment of pension and retirement benefits including arrears of salary. (ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to treat the period from 24.3.2003 to 1.6.2005 as duty, without any break in service. (iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to pay the arrears of salary and other allowances of the petitioner for the period from 24.3.2003 to 1.6.2005 forthwith. (iv) issue a writ of certiorari calling for records leading to Ext.P6 and quash Ext.P6 order of imposing the penalty of one increment bar with cumulative effect. (v) issue a writ of certiorari calling for records WPC.27916/07 : 2 : leading to Ext.P8 and quash Ext.P8 order to the extent that the suspension period is treated as leave eligible. 2. The petitioner's case in brief is as follows. The petitioner retired on superannuation on 30.9.2006 from the respondent Corporation. Disciplinary proceedings were initiated against the petitioner. The petitioner had approached this Court earlier and by Ext.P1 judgment this Court directed the respondent to conclude the enquiry against the petitioner within one month from the date of the judgment. The petitioner submitted Ext.P2 representation highlighting his grievance that he has not received the pension and other retirement benefits. Ext.P3 is an order in which it is stated that all the proceedings against the petitioner are dropped. In Ext.P6 order, it is stated that the petitioner is awarded with a punishment of increment bar of one year with cumulative effect and that the value of increment bar will be recovered from the pensionary benefits as he had already retired from service. Against Ext.P6 order, the petitioner filed Ext.P7 WPC.27916/07 : 3 : representation before the 2nd respondent. Ext.P8 is an order informing the petitioner that further action against him is dropped and the suspension period is treated as leave eligible. The petitioner submitted Ext.P9 representation against the same. 3. Heard the learned counsel for the petitioner and the learned standing counsel. The learned standing counsel submits that as against Exts.P6 and P8, the petitioner has a remedy of appeal before the 2nd respondent. He further submits that Exts.P7 and P9, which are styled as representations, will be treated as appeals and orders will be passed thereon. He further submits that if the petitioner submits pension papers before the Assistant Transport Officer, Chengannur, the same will be processed and relief will be granted to the petitioner in accordance with law. Recording all these submissions, the writ petition is disposed of as follows. 4. The 2nd respondent will consider and take a WPC.27916/07 : 4 : decision on Exts.P7 and P9 treating them as appeals against Exts.P6 and P8 respectively, after affording an opportunity for hearing to the petitioner, within six weeks from the date of receipt of a copy of this judgment. In the meantime, if the petitioner presents the pension papers before the ATO, Chengannur, the ATO, Chengannur will process the same in accordance with law without any undue delay. (K.M.JOSEPH, JUDGE) aks