IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 7765 of 2004(Y) ------------------------- PETITIONER : --------------------- P.VINCENT (SPECIAL ASSISTANT, K.S.R.T.C., VIKAS BHAVAN, RTD. ON 30.06.2002) AGED 56 YEARS, S/O. PATHROSE, CHANIVILAVEEDU, LOURDIPURAM, KANJIRAMKULAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): ------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. EXECUTIVE DIRECTOR (ADMINISTRATION) AND SECRETARY, K.S.R.T.C., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 3. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C., VIKAS BHAVAN, THIRUVANANTHAPURAM. R1 TO R3 BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA, SC, KSRTC SRI.JAMES KOSHY.N., SC. KSRTC SRI.P.PARAMESWARAN NAIR, SC, KSRTC SRI.K.PRABHAKARAN, SC, K.S.R.T.C. SRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 7765 of 2004(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF PENSION PAYMENT ORDER. EXT.P2 : COPY OF ORDER OF THE HON'BLE SUPREME COURT DTD. 29.8.2003. EXT.P3 : COPY OF REPRESENTATION BEFORE THE 1ST RESPONDENT ON 9.7.2003. EXT.P4 : COPY OF JUDGEMENT IN WP(C) NO. 29528 OF 2003 DTD. 18.9.2003 OF THIS HON'BLE COURT. EXT.P5 : COPY OF ORDER NO. PLC7-041341/2003 DTD. 30.1.2004. EXT.P6 : COPY OF PETITIONER'S SALARY SLIP FOR THE MONTH OF JUNE 2002. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 7765 of 2004 - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2011. JUDGMENT The petitioner has filed this writ petition with the following prayers: 1. Call for the records leading to this case and issue a writ of certiorari quashing Ext.P5. 2. Issue a writ of mandamus directing the respondents to sanction and disburse the balance amount of last pay, provident fund and welfare fund amount, DCRG, Commuted value of pension, salary and pension arrears etc. to the petitioner with 18% interest immediately. 3. Issue a writ of mandamus directing respondents to restore the pay of the petitioner as 1735 + 60 as on 02.02.90 sanction arrears of increment, rectify the error in 1997 pay fixation and disburse the consequential benefits. 4. Issue a writ of mandamus directing the respondents to sanction selection grade and special Assistant Grades to the petitioner on completion of 15 and 18 years respectively and disburse the consequential benefits. 2. The learned counsel for the respondents submits that in pursuance to Ext.P4 judgment, the petitioner has been paid DCRG and provident fund dues. The learned counsel for the petitioner submits the petitioner has been paid the same at a lower rate. Let the petitioner make a representation before the W.P.(C) No. 7765/2004 -:2:- first respondent highlighting his grievances. If such a representation is filed enclosing all relevant documents, the first respondent shall consider the same within three months from the date of receipt of a copy of this judgment after giving an opportunity of hearing to the petitioner. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv W.P.(C) No. 7765/2004 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 16th day of November, 2011. JUDGMENT