IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 WP(C).No. 18067 of 2010(G) -------------------------- PETITIONER: --------------- C.R.BALAKRISHNA PILLAI, CHANDANAKAVIL MELETHIL VEEDU, EDAMULACKAL P.O., ANCHAL, KOLLAM DISTRICT. (CONDUCTOR, ADOOR DEPOT, K.S.R.T.C.) BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT: --------------- KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR KSRTC, THIRUVANANTHAPURAM-695 023. BY ADV.SHRI V.V.NANDAGOPAL NAMBIAR, (SC- KSRTC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.18067 of 2010 --------------------------------- DATED THIS THE 18th DAY OF JUNE, 2010 JUDGMENT The petitioner herein has retired from the service of the respondent-Corporation on 31.3.2010. The petitioner was granted provident fund amount, but monthly pension and staff welfare fund have not been sanctioned to him so far. It is pointed out that disciplinary proceedings is pending against the petitioner and Exhibit P2 is the copy of the charge sheet. The contention raised in the Writ Petition is that in the light of Rule 3A of Part III KSR, provisional pension can be granted even if disciplinary proceedings are pending and is being continued. 2. Rule 3A provides for grant of provisional pension even if disciplinary proceedings is pending. Therefore, the same cannot be denied to the petitioner. Regarding the Staff Welfare Fund also there is a separate account maintained by the KSRTC. Therefore, the amount in such account can also be disbursed to the petitioner. W.P.(C)No.18067/10 -2- 3. In that view of the matter, there will be a direction to the respondent to take appropriate action to sanction provisional pension and the amount due in the Staff Welfare Fund within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn