IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17331 of 2008(L) -------------------------- PETITIONER: PETITIONER ---------------------- T.V. BALACHANDRAN, AGED 61, S/O. T. KUNHIKANNAN, THAYIVALAPPIL HOUSE, RAVANEESHWARAM.P.O, KASARAGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENTS: RESPONDENTS ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION LTD., TRANSPORT BHAVAN, TRIVANDRUM - 01, REP. BY ITS MANAGING DIRECTOR. 2. THE PERSONNEL MANAGER, THE KERALA STATE ROAD TRANSPORT CORPORATION LTD., TRANSPORT BHAVAN, TRIVANDRUM -01. 3. THE ASSISTANT DISTRICT TRANSPORT OFFICER, THE KERALA STATE ROAD TRANSPORT CORPORATION LTD., KASARAGODE. BY SRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 17331 OF 2008 L ```````````````````````````````````````````````````` Dated this the 11th day of June, 2008 J U D G M E N T Reliefs sought for in the writ petition are as follows. (i) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing respondents 1 to 3 to disburse 'interest amount' at the rate of 12% for the Delayed Payment of (a) Provident Fund Closure Amount, (b) Matured value of Staff Welfare Fund, (c) Commuted value of pension and (d) DCRG; or in alternate, direct the 1st respondent to consider and pass appropriate orders on Exts.P6, P7 and P8 representations; (ii) Declare that the petitioner is eligible to receive 'interest amount' for the delayed payment of (a) Provident Fund Clo Amount, (b) Matured value of Staff Welfare Fund, (c) Commuted value of pension and (d) DCRG; (iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 3 to disburse 'the arrears of pension' to the petitioner; WPC.17331/08 : 2 : (iv) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 3 to encash the earned leave standing to the credit of the petitioner. 2. I heard the learned standing counsel for the KSRTC. He submits that the payments on commuted value of pension and DCRG should be done on the basis of principle of seniority declared by the Division Bench in the writ appeal and I am not inclined to direct to payment of interest or consideration of the representation in that regard. However, the petitioner is entitled to payment of statutory interest from the due date till the date of payment on the Provident Fund. There will be a direction to the 1st respondent to pay the amount due as statutory interest on the Provident Fund from the due date till the date of payment within one month from the date of receipt of a copy of this judgment. 3. The petitioner has another complaint that he is not getting the surrender of earned leave. The petitioner pointed out that when he applied for information under the Right to Information Act, he was issued Ext.P5. The petitioner submits WPC.17331/08 : 3 : that the delay in payment of the encashment of leave surrender is not justified. The petitioner has already in this regard submitted Exts.P6, P7 and P8 representations. There will be a direction to the 1st respondent to consider and take a decision on Ext.P8 representation in accordance with law in this regard within one month from the date of receipt of a copy of this judgment. 4. The learned counsel for the petitioner then submits that the petitioner is entitled to arrears of pension requested for by the petitioner. It is for the petitioner to move the 1st respondent in regard to the payment of any arrears of pension. The writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) aks