IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WA.No. 179 of 2001 ------------------------------- AGAINST THE JUDGEMENT IN OP.31869/2000 Dated 14/11/2000 .................... APPELLANT/PETITIONER: G.GOPI, S/O GOVINDAN NAIR, AGED 56, INSPECTOR GRADE I (RETD.) JSRTC, RESIDING AT PERUMPALLIL HOUSE, PULLUVAZHI P.O. KEEZHILLAM, ERNAKULAM. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS/RESPONDENTS: 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM REP. BY ITS MANAGING DIRECTOR. 2. THE DISTRICT TRANSPORT OFFICER, KSRTC, PERUMBAVOOR. ADV. SHRI.JOHNSON P.JOHN FOR R1 & R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- W.A.No.179 of 2001 --------------------------------- JUDGMENT Koshy, J. Appellant/petitioner approached this Court contending that even though he retired from service on 30.11.1999, his retiral benefits were not paid. The learned single Judge directed to pay the admitted amount within two months from the date of receipt of a copy of the judgment. Now, the amount has already been paid. The writ appeal is filed raising the question of interest. The respondent KSRTC is facing acute financial crisis. There were large claims for retiral benefits. This Court as well as the Supreme Court intervened and granted facility to pay the amounts in instalment basis to avoid closure of KSRTC due to financial difficulties. Since the appellant/petitioner was paid the retiral benefits, we are of the opinion that this is not a fit case where interest can be WA 179/01 2 granted in a petition filed under Article 226 of the Constitution of India. If he has got any legal claims, he can approach the civil court. The writ appeal is dismissed. (J.B.Koshy, Judge) 18th September, 2008 (K.P.Balachandran, Judge) tkv WA 179/01 3 J.B.Koshy & K.P.Balachandran, JJ. --------------------- W.A.No.179 of 2001 --------------------- JUDGMENT 18th September, 2008