IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 21868 of 2011(E) ---------------------------------- PETITIONER(S): ------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM - 23, REPRESENTED BY ITS CHIEF LAW OFFICER, P.SURESH KUMAR. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC RESPONDENT(S): -------------------- 1. K.RADHAKRISHNAN, P.V.R.BHAVAN, KANNIYARUPARA, PUTHUKULANGARA P.O., NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN - 695541. 2. KERALA LOK AYUKTA, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033, REPRESENTED BY ITS SECRETARY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, ALONG WITH WPC. NO.21869/2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 21868/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 28/05/2009 IN COMPLAINT NO.1539/08 OF THE 2ND RESPONDENT. P2: COPY OF THE INTERIM ORDER DATED 18/10/2011 IN C.M.P. NO.604/2001 IN W.A. NO.289/2001 IF THIS HON'BLE COURT. P3: COPY OF THE ORDER DATED 07/06/2011 IN COMPLAINT NO.1539/2008 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.21868, 21869, 21870 & 21871 Of 2011 ---------------------- Dated this the 10th day of August, 2011. J U D G M E N T The writ petitions are filed seeking to quash Exts.P1 & P3 orders of the 2nd respondent to the extent directing the petitioner to pay interest on the leave surrender benefits of the 1st respondent. Exts.P1 & P3 orders under challenge in all the writ petitions are the common order passed against the petitioner and therefore all the writ petitions are disposed of by this common judgment. 2. Ext.P1 order was passed by the 2nd respondent namely, Kerala Lok Ayukta. Ext.P1 order is dated 28.5.2009. Four complaints filed by the 1st respondent in all the writ petitions were disposed of by Ext.P1 order directing the Managing Director, KSRTC, Thiruvananthapuram, who is the petitioner herein, to pay the leave surrender salary with 9% interest within one month. In furtherance to Ext.P1 order, the petitioner Corporation paid the leave surrender salary excluding the interest portion. 3. Subsequently, the Lok Ayukta considered the ::2:: W.P.(C).No.21868, 21869, 21870 & 21871 Of 2011 grievance of the complainants regarding the non-payment of the interest portion. The complainants/1st respondent, in all writ petitions, submitted before the Lok Ayukta that there is absolutely no reason for non-payment of interest portion due to the complainants as ordered to be paid in Ext.P1 order. Therefore, Lok Ayukta passed Ext.P3 order on 7.6.2011, directing payment of interest on or before 20.7.2011. In Ext.P3, it is further directed that, in case of failure to make the payment before the said date, the Managing Director, KSRTC, shall appear before the Forum on 20.7.2011 and show cause why contempt proceedings should not be initiated against him. 4. There is no bonafides in challenging Ext.P1 order at this distance of time. The order to pay the leave surrender salary with 9% interest per annum was passed on 28.5.2009. The order was to pay the said amount within a period of one month. Though Ext.P1 order was passed on 28.5.2009, the petitioner did not chose to challenge the order. For the first time, Ext.P1 order is challenged in these writ petitions, after a period of more than ::3:: W.P.(C).No.21868, 21869, 21870 & 21871 Of 2011 two years. Therefore, there is no banafides in challenging Ext.P1 order at this distance of time. Ext.P3 is a consequential order. I find no reason to interfere with the orders under challenge in the writ petitions, namely, Exts.P1 & P3. The writ petitions are devoid of any merit and accordingly, dismissed. HARUN-UL-RASHID, Judge. bkn/-