IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 3269 of 2011(G) ------------------------- PETITIONER: --------------- B.MOHANAN, S/O. BHASKARAN, AGED 59 YEARS, CONDUCTOR (RETIRED), NEYYATTINKARA UNIT OF K.S.R.T.C.), RESIDING AT MOHANAVILASAM, VINAYAKA LANE, GANDHIPURAM, P.O.SREEKARIYAM, THIRUVANANTHAPURAM. BY ADV. MR.V.A.MUHAMMED MR.K.E.HAMZA MR.M.SAJJAD RESPONDENTS: --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE DISTRICT TRANSPORT OFFICER, KSRTC, NEYYATTINKARA UNIT, THIRUVANANTHAPURAM-695 121. ADV. MR.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3269 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: REPRESENTATION SUBMITTED BEFORE R1. EXT.P2: PETITION FILED BEFORE R2. RESPONDENTS' EXHIBITS: NIL ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.3269 Of 2011 ---------------------- Dated this the 4th day of July, 2011. J U D G M E N T The writ petition is filed seeking a direction commanding the respondents to regularise the absence of the petitioner and to disburse the retirement benefits in a time bound manner. The petitioner attained superannuation as Conductor in Kerala State Road Transport Corporation on 31.5.2006. In 2004, he was transferred to Neyyattinkara Unit and was relieved on 19.3.2004. According to the petitioner, due to poor health condition he could not report for duty in Neyyattinkara Unit until superannuation. The petitioner further submits that he had applied for leave, that it was neither rejected nor communicated. The petitioner complained that the respondents have not taken any step to disburse the retirement benefits to the petitioner. 2. In the statement filed by the K.S.R.T.C., it is stated that the Corporation has not sanctioned leave to the petitioner since he has not submitted any leave application in the prescribed form to the Unit Officer, Neyyattinkara, who is the ::2:: W.P.(C).No.3269 Of 2011 leave sanctioning authority. It is further stated that disciplinary action was initiated against the petitioner for unauthorised absence for the period from 25.02.2002. It is also stated that as per the memorandum dated 8.4.2011, a direction has already been given to the petitioner to contact the Unit Officer, Neyyattinkara and to submit leave application in the prescribed form so that his period of absence can be regularised in accordance with the finalisation of the disciplinary proceedings initiated against the petitioner. It is further stated that the disciplinary proceedings have now been completed. 3. The Corporation in the statement also submits that the pensionary benefits can be sanctioned to the petitioner only after regularising the service of the petitioner till his date of superannuation. It is stated that the qualifying service for pension can be calculated only after regularisation of his service and that then only the process for sanctioning pension can be completed. 4. In these circumstances, the petitioner is at liberty to submit the application for leave in the prescribed form, in that ::3:: W.P.(C).No.3269 Of 2011 event, the respondent/Corporation shall consider the application and pass appropriate orders. In the event of sanctioning leave, the process for sanctioning pensionary benefits shall also be expedited. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-