IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 4270 of 2008(G) ------------------------- PETITIONER: ---------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY DEPUTY LAW OFFICER, SRI.RANJITH JOSEPH. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC RESPONDENT: ------------------ M.BASHEER, (RTD. DRIVER, KOLLAM DEPOT), JENSHAR VILLA, THATTAMALA P.O., KOLLAM-691 020. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4270 of 2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE COMPLAINT NO.1271/2007 DTD 30.7.2007. EXT.P2: COPY OF THE ORDER DATED 30.10.2007 ISSUED BY KERALA LOK AYUKTA. EXT.P3: COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.A. NO.289/2001. EXT.P4: COPY OF THE ORDER DATED 29.8.2002 OF THE HON'BLE SUPREME COURT. EXT.P5: COPY OF THE LETTER DATED 20.7.2007. EXT.P5(a): COPY OF THE ORDER DATED 15.9.2007. EXT.P6: COPY OF THE JUDGMENT DATED 9.8.2007 OF THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.19040/2007. EXT.P7: COPY OF THE JUDGMENT DATED 6.7.2007 OF THE HON'BLE HIGH COURT OF KERALA IN W.A. NO.1642/2007. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.4270 OF 2008 ---------------------------------------- Dated this the 7th day of March, 2008 JUDGMENT The petitioner is the Kerala State Road Transport Corporation. They are challenging Ext.P2 order of the Kerala Lok Ayukta whereby the petitioner has been directed to pay retirement benefits due to the respondent, who is a retired employee of the KSRTC. The contention is that since a Division Bench of this Court has framed a Scheme for payment of retirement dues of retired employees of the KSRTC, payment can be made only in accordance with that Scheme. Although notice has been received by the respondent, there is no appearance on behalf of the respondent. 2. I have heard the learned counsel for the petitioner. The question involved in this writ petition is covered by a decision of a Division Bench of this Court in KSRTC V. Padmavathy [2008(1) KLT 584], in which the Division Bench has held that although the Lok Ayukta has powers to entertain petitions regarding payment of retirement benefits, the Lok Ayukta has no W.P(c) No.4270/08 2 jurisdiction to pass orders against the Scheme framed by the Division Bench of this Court regarding disbursal of retirement benefits due to retired employees of the KSRTC. In the above circumstances, Ext.P2 order of the Kerala Lok Ayukta is quashed. However, this will not preclude the respondent from approaching this Court for out of turn payment, if the petitioner makes out an appropriate ground for such out of turn payment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P(c) No.4270/08 3