IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 15475 of 2009(D) -------------------------- PETITIONER(S): --------------- THOMAS IYPE,(DRIVER,KSRTC,CHENGANNUR DEPOT,RETIRED ON 31.12.2009),MANKUZHIYIL THOMAS VILLA,NJETTOOR,KULANADA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR,TRANSPORT BHAVAN,FORT,THIRUVANANTHAPURAM. 2. THE ASSISTANT TRANSPORT OFFICER,KSRTC, CHENGANNUR DEPOT,CHENGANNUR. 3. DY.CHIEF ACCOUNTS OFFICER(P&A),KSRTC, TRANSPORT BHAVAN,FORT,THIRUVANANTHAPURAM. BY ADV.SRI.JOHNSON P.JOHN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15475 OF 2009 ------------------------------------------- Dated this the 15th day of June, 2009 JUDGMENT The petitioner, after retirement from the service of the Kerala State Road Transport Corporation, did not enjoy pension because he did not draw it in time. The monthly pension remains unpaid because it was undrawn. Learned counsel for the petitioner may be right in saying that his client would be entitled to the benefit of what flows out of Rules 135 and 136 of Part III KSR and the Managing Director of KSRTC is well within authority to sanction the arrears of pension by ordering renewal of the pension which would have lapsed as unpaid. Ext.P3, though does not deny the petitioner's such claim, in terms, allow only the drawal of pension from 5/09. Therefore, I do not find any illegality in the Assistant Transport Officer refusing to disburse the arrears till 4/09. The petitioner has necessarily to workout his remedies in that regard before the competent authority in the KSRTC. Without prejudice to that, the writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.15/6.