IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 8075 of 2011(H) ------------------------- PETITIONER ------------------ K.R.SUSEELA, W/O.LATE V.G.SUDHAKARAN, (INSPECTOR RETIRED ON 31.12.2008 FROM KSRTC, KOTTAYAM UNIT) VATTOLICKAL HOUSE, PAMPADY VIA, KOORAPADA PO, KOTTAYAM. BY ADVS. SRI.K.K.MANGALANANDAN SRI.PRATHEUSH.M.ANAND RESPONDENT(S): ---------------------- 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 ASSISTANT ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM. 695023 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM .686001 BY SRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.8075 OF 2011 -------------------------------------------- Dated this the 23rd day of March, 2011 JUDGMENT The petitioner is the widow of a retiree from the service of the Kerala State Road Transport Corporation (for short 'the Corporation'). The petitioner's husband retired from the service of the Corporation on 31.12.2008. He died on 28.9.2010. The grievance of the petitioner is that so far, no steps have been taken for disbursement of family pension to which she is entitled. She has further grievances as well. According to the petitioner, the deceased employee was entitled to get arrears of pension from 1.4.2009 to 28.9.2010 in terms of bipartite settlement executed between the Corporation and its employees on 28.11.2008. That apart, it is submitted that the petitioner is entitled to get the arrears of DCRG and Commuted Value of Pension in terms of the said bipartite settlement. Considering the fact that the petitioner's husband had died on 28.9.2010, the very sustainability regarding the claim for arrears of Commuted Value of Pension has to be considered in accordance with law. However, with respect to the entitlement of family pension, arrears of pay revision in terms of bipartite settlement dated 28.11.2008 and also the balance amount W.P.(C) NO.8075/2011 2 of DCRG, the respondents are bound to take appropriate, expeditious action for sanctioning and disbursement. The learned standing counsel appearing for respondents submitted that the petitioner has not filed proper application for the purpose of family pension. In case the petitioner has not applied for the same in the prescribed form, it will be open to the petitioner to submit a proper application for that purpose. On receipt of such an application, the respondents shall process the same and allow the family pension to which the petitioner is entitled, in accordance with law. With respect to the arrears of pay revision payable to the deceased employee from 1.4.2009 to 28.9.2010 in terms of the bipartite settlement, the respondents shall quantify and disburse the same expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The balance amount of DCRG payable to the petitioner, if found due, shall also be quantified and disbursed to her within the above stipulated period. This Writ Petition is disposed of, accordingly. (C.T. RAVIKUMAR, JUDGE) spc //true copy// P.A. to Judge W.P.(C) NO.8075/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.8075/2011 4