IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 890 of 2008(E) ------------------------ PETITIONER: ------------ P.N. BHADRAN, S/O. NARAYANAN, MOOPPANPARAMBIL HOUSE, MUHAMMA P.O.,ALAPPUZHA DIST (DRIVER, RETIRED ON 31-05-1995 - CHERTHALA DEPOT). BY ADV. SRI.ANANDARAJAN.N SRI.K.K.MANGALANANDAN RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT P.O. THIRUVANANTHAPURAM-23. 3. THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT P.O., THIRUVANANTHAPURAM-23. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION,CHERTHALA. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 MEMO DT 5.6.1989 ISSUED BY THE CORPORATION APPOINTING THE PETITIONER. P2 MEMO DT 11.7.1990 ISSUED BY THE CORPORATION REGULARIZING THE PETITIONER. P3 MEMO DT 15.5.1995 ISSUED BY THE CORPORATION RELIEVING THE PETITIONER. P4 GOVERNMENT ORDER DT 18.9.1999 INTRODUCING EX-GRATIA PENSION SCHEME. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 890 OF 2008 E ```````````````````````````````````````````````````` Dated this the 21st day of May, 2008 J U D G M E N T Petitioner retired from the respondent Corporation on 31.5.1995 on attaining the age of superannuation. He has 5 years 11 months and 25 days service in the respondent Corporation. He has approached this Court seeking payment of Ex-gratia pension with arrears and DCRG due to him. The petitioner relies on Ext.P4. Ext.P4 is a Government Order providing payment of Ex- gratia pension. I heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. The learned counsel appearing on behalf of the respondents would submit that the claim of the petitioner based on Ext.P4 is correct for the reason that the said order was adopted by KSRTC by proceedings dated 24.11.2006. The Corporation has issued the following directions for sanctioning Ex-gratia pension: (1) Those employees who had retired and who are not eligible for statutory pension as per the provisions of the KSR will be granted Ex-gratia pension with effect from 1.11.2006 without WPC.890/08 : 2 : any back arrears. (2) They will not be eligible for any dearness relief. (3) The Legal heirs of the pensioners coming under the scheme shall not be entitled to family pension. (4) The employees coming under the scheme will not be eligible for service gratuity in lieu of pension. (5) The employees should opt for the scheme in the proper form prescribed by the Corporation for the purpose. (6) Fractions of less than half year will be ignored and above half year will be rounded to the next completed year. (7) Those who had already retired and who had received service gratuity in lieu of pension need not have to refund the service gratuity already received if opted to the new scheme. 2. The learned counsel for the Corporation submits that the petitioner has not made an application as contemplated in paragraph 3 of Ext.P4. Having regard to the circumstances, the writ petition stands disposed of as follows: If the petitioner makes an application within the meaning of paragraph 3 of Ext.P4 Government Order which stands adopted WPC.890/08 : 3 : by proceedings dated 24.11.2006 referred to above, the 1st respondent shall process the same and all the eligible benefits due to the petitioner in terms of Ext.P4 read with proceedings dated 24.11.2006 shall be sanctioned and paid to the petitioner within a period of two months from the date of receipt of the application. I record the submission of the learned counsel for the Corporation that under the scheme evidenced by Ext.P4 and the proceedings of the Corporation, the arrears of Ex-gratia will be payable from 1.11.2006. In regard to payment of DCRG, if the petitioner has the claim, it is for the petitioner to represent the matter before the 1st respondent. If the petitioner makes any such representation claiming DCRG, a decision in accordance with law will be taken thereon by the 1st respondent within two months from the date of the representation and if the petitioner is entitled to any amount, the same will be paid to the petitioner within one month from the date of the decision taken thereon. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE