IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 1193 of 2008(P) ------------------------- PETITIONER: ------------ P.J.VARGHESE, S/O.JOSEPH, PARATHARAYIL, PUNNAMADA, ALAPPUZHA. BY ADV. SRI.K.M.SOMASEKHARA PANICKER RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 3. THE DISTRICT TRANSPORT OFFICE, KERALA STATE ROAD TRANSPORT CORPORATION, ALAPPUZHA. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, ALONG WITH WPC NO. 34997 OF 2007 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR AND P.N.RAVINDRAN, JJ. ----------------------------------------------------------------- W.P.(C)Nos.34997/07, 1193/08,3423/08, 3960/08, 6080/08, 6132/08 & 7070/08 ----------------------------------------------------- DATED THIS THE 25TH DAY OF MARCH, 2008 J U D G M E N T Balakrishnan Nair, J. In the above writ petitions, this Court passed the following common interim order. “ Heard. This Court has already passed an interim order on 03.03.2008 in Writ Petitions, raising similar claims. The said order reads as follows: ' The petitioners in these writ petitions are retired employees of the Kerala State Road Transport Corporation (K.S.R.T.C.). They have approached this Court, submitting that marriages of their daughters are round the corner and they are in dire need of money. Unless the amounts due to them towards the terminal benefits are released out of turn, they would not be able to solemnise the marriages of their daughters, it is submitted. W.P.(C)No.34997/07 & Con.Cases -2- 2. This Court as per order dated 18.10.2001 in W.A.No.289/01 gave certain directions regarding release of the terminal benefits due to the pensioners. One of those directions was to release the terminal benefits strictly in accordance with the priority list of pensioners prepared according to the date of their retirement, out of the funds generated by setting apart ten percent of the daily collection of the K.S.R.T.C. Deviation from the said direction was permissible only as per the orders of this Court. The said interim order was made absolute, as per the final judgment in that writ appeal dated 20.11.2002. At the interim stage, the matter was carried to the Apex Court. But the Apex Court declined to interfere with the order of this Court. In view of the direction of this Court that no deviation shall be made from the priority list for payment without the orders of this Court, these writ petitions happened to be filed. A learned Single Judge, who heard some of the writ W.P.(C)No.34997/07 & Con.Cases -3- petitions, felt that as almost all the employees were having daughters of marriageable age, if marriage of daughter is taken as a ground for deviation from the priority list, then practically the entire payment schedule will be unsettled. Only those who are having daughters of marriageable age will be able to collect the terminal benefits. On that ground some of the writ petitions were referred to the Division Bench. Thereafter all the connected writ petitions were posted before the Division Bench along with those referred writ petitions. 3. We heard the learned counsel appearing for the writ petitioners and also the learned Standing Counsel appearing for the K.S.R.T.C. We notice that in all these cases, the claims made by the writ petitioners have been found to be genuine in the enquiry made by the K.S.R.T.C. When the writ petitions came up earlier, we directed the K.S.R.T.C. to make an enquiry into the claims W.P.(C)No.34997/07 & Con.Cases -4- made by the petitioners and file statements before this Court. In all these cases, the claims made have been found to be genuine by the K.S.R.T.C. Statements to that effect have been filed in these writ petitions. 4. We feel that if claims of the writ petitioners are allowed and the amounts due to them are directed to be released from the amounts set apart for the pensioners, who are waiting in the queue for more than three years to receive the pensionary benefits, serious prejudice will be caused to them. It was submitted on behalf of the K.S.R.T.C. that the pensioners, who retired up to May, 2004 alone were able to receive the terminal benefits as per the priority list. There is, thus, a delay of about four years in releasing the terminal benefits. If out of turn payments are allowed to the petitioners herein, from the limited amount set apart to the pensioners, the claim of those who are waiting in the queue will be further delayed. W.P.(C)No.34997/07 & Con.Cases -5- 5. Therefore, having regard to the fact that the claims of the petitioners have been found to be genuine by the K.S.R.T.C., we feel that a direction should be issued to make payment to them from other funds of the K.S.R.T.C., without drawing the same from the 10% amount set apart for payment to the petitioners. We are told that in some of the cases marriages were over because of the delay in hearing these matters and they have conducted the marriages by availing loan from financiers. We are told that, in one case the marriage was postponed for want of funds. So, the K.S.R.T.C. is directed to release the D.C.R.G. due to the petitioners herein within one month from today. The payment shall be made from other funds of the K.S.R.T.C. and not from the 10% collection set apart for paying amounts due to the pensioners, who are waiting in the queue.' We are of the view that the above directions can be passed in these Writ Petitions also, as the respondents W.P.(C)No.34997/07 & Con.Cases -6- have filed statements, conceding that the claims of the petitioners are found to be genuine on enquiry. Accordingly, it is ordered that the directions in the above quoted interim order will govern these cases also. One month's time is granted from today for compliance.” In view of the above interim order, no further orders are required in these writ petitions. Accordingly, they are disposed of making the above interim order absolute. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. dsn