IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 28213 of 2007(H) ----------------------------------- PETITIONER(S): -------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY DEPUTY LAW OFFICER, SRI.RANJITH JOSEPH. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC RESPONDENT(S): ------------------------ SRI.S.RAJAN, S/O.SIVASANKARAN, VILAYIL VEEDU, THRIPPADAPURAM, KULATHOOR P.O., THIRUVANANTHAPURAM. ADV. SRI.N.C.SAJITH FOR R1 SRI.K.C.SUDARSANAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28213/2007 H APPENDIX PEX. EXT.P1. COPY OF THE COMPLAINT NO. 1688/07 DT. 12/7/2007. EXT.P2. COPY OF THE ORDER OF THE KERALA LOK AYUKTA ON COMPLAINT NO. 1688/07 DT. 17/8/2007. EXT.P3. COPY OF THE LETTER NO. LR8/023330/07 DT. 20/07/07. EXT.P4. COPY OF THE JUDGMENT IN WA NO. 289/2001 DT. 20/11/2002. EXT.P5. COPY OF THE INTERIM ORDER IN CIVIL APPEAL NOS. 5401-5407 OF 2002 DT. 29/08/2002 OF THE HONOURABLE SUPREME COURT. EXT.P6. COPY OF THE JUDGMENT IN WPC NO. 19040/2007 DT. 09/08/2007. EXT.P7. COPY OF THE JUDGMENT INW A NO. 1642/2007 DT. 6/7/2007. RESPONDENTS' EXHIBITS : EXT.R1. COPY OF THE JUDGMENT IN WA NO. 1377/2004. EXT.R2. COPY OF THE BIPARTITE AGREEMENT DT. 13/4/99, ENTERED INTO BETWEEN KSRTC. EXT.R3. COPY OF THE AWARD DT. 24/4/2007 DECLARED BY THE INDUSTRIAL TRIBUNAL, KOLLAM IN INDUSTRIAL DISPUTE NO. 38/2005. EXT.R4. COPY OF THE GOVT. LETTER NO. 16596/A3/2000/TRAN DT. 3/5/2002. / TRUE COPY / PA TO JUDGE. Tga THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28213 of 2007-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of December, 2009. JUDGMENT 1.The respondent retired from the service of the petitioner KSRTC. Alleging that retiral benefits due to him have not been appropriately released in time, the respondent filed Ext.P1 complaint before the Lok Ayukta constituted under Section 4 of the Kerala Lok Ayukta Act, 1999. The Lok Ayukta issued Ext.P2 order directing that the retiral benefits be paid. 2.The petitioner KSRTC contends that having regard to the financial situation of KSRTC, even this Court had essentially framed a Scheme by issuing directions, which have been confirmed by the Supreme Court. The said directions are to the effect that retiral benefits would be released on WPC28213/07 -: 2 :- the basis of seniority, unless otherwise ordered by this Court. Obviously, therefore, notwithstanding the quality of jurisdiction available under the Lok Ayukta Act, in view of the said direction by this constitutional Court as affirmed by the Apex Court, it was not necessary for the Lok Ayukta to have issued the impugned order. The same, therefore, deserves to be quashed. However, the petitioner does not dispute the averments in Ext.P1 complaint made by the respondent before the Lok Ayukta that his wife is under treatment for certain mental illness and his eldest son is suffering from schizophrenic disorder and that his younger son's marriage also was solemnized on 31.8.2007. Therefore, had the respondent moved this Court, it would have been possible for the issuance of order for out of turn disbursement of retiral benefits. For the aforesaid reasons, this writ petition is allowed quashing Ext.P2, however directing that WPC28213/07 -: 3 :- the retiral benefits due to the respondent by way of DCRG and CVP shall be released within two weeks from the date of receipt of a copy of this judgment. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2312