IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 30140 of 2006(K) -------------------------------------- PETITIONER: ------------------- SASIDHARAN C.G., DRIVER (RETIRED), K.S.R.T.C., PALA UNIT, CHEMMANAPARAMBIL, EDAPPADY P.O., KOTTAYAM DISTRICT. BY ADVS. MR.R.PADMARAJ, MR.N.P.SETHU. RESPONDENTS: ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. 2. DISTRICT TRANSPORT OFFICER, K.S.R.T.C., KOTTAYAM. R1 & R2 BY ADV. MR.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30140/2006-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. M.G.MADHAVAN NAIR, RETIRED MEDICAL OFFICER,(AYURVEDA). EXT.P.2: COPY OF THE ORDER NO. 2003 PLA DTD. 12/09/2003 TRANSFERRING THE PETITIONER FROM PALA UNIT TO PONKUNNAM UNIT. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE EXECUTIVE DIRECTOR (VIGILANCE & ADMINISTRATION) REQUESTING HIM TO PERMIT THE PETITIONER TO JOIN DUTY. EXT.P.4: COPY OF THE CERTIFICATE ISSUED BY THE DOCTOR WHO WAS TREATING THE PETITIONER. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 08/11/2005 REQUESTING TO DISBURSE THE RETIREMENT BENEFIT DUE TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30140 OF 2006 ------------------------------------------- Dated this the 29th day of May, 2009 JUDGMENT The petitioner superannuated from the service of the first respondent on 30.3.2004. He seeks relief in relation to the alleged delay in disbursing his retiral benefits. While the petitioner is entitled to be paid pension, the payment of DCRG and Commuted Value of Pension would depend upon the seniority of his date of retirement on the basis of the direction of the Division Bench of this Court and of the Apex Court governing the retired employees of KSRTC. For the aforesaid reasons, it is directed that if the pension due to the petitioner has not been released, that will be duly finalised and released appropriately, however, that DCRG and Commuted Value of Pension would be paid in terms of the seniority as aforesaid. It is clarified that this judgment will not stand in the way of the writ petitioner seeking out of turn payment of such amount on sufficient cause being shown for the same The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.1/6.