IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 27179 of 2010(V) ---------------------------------------- PETITIONER(S): ----------------------- K. VIJAYAN, PUTHUVAL PUTHEN VEEDU, PAZHANJIKKUZHI, PERUMPAZHUTHOOR P.O., NEYYATINKARA, THIRUVANANTHAPURAM DISTRICT. (INSPECTOR, KSRTC), PAPPANAMCODE UNIT, RETIRED ON 31.5.2006). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): -------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023. 2. PERSONNEL OFFICER (PENSION), K.S.R.T.C., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023. 3. DISTRICT TRANSPORT OFFICER, K.S.R.T.C., PAPPANAMCODE, THIRUVANANTHAPURAM DISTRICT-13. R1 TO R3 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 27179/2010-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.PA-17-014213/08 DATED 07/10/2008 ISSUED BY THE KSRTC. EXT.P2: COPY OF THE LETTER NO.PA 17-014213/08 DATED 16/08/2010 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE ORDER NO.VLA1-28451/04 DATED 19/09/2007 ISSUED BY THE EXECUTIVE DIRECTOR (VIGILANCE). EXT.P4: COPY OF THE APPLICATION FOR COMMUTATION OF PENSION DATED 22/04/2008 OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27179 OF 2010 -------------------------- Dated this the 13th day of December, 2010 J U D G M E N T The petitioner is a pensioner. He retired from the service of the Kerala State Road Transport Corporation (hereinafter referred to as 'the KSRTC' for short) on 31.5.2006. While in service, disciplinary action was initiated against him. It culminated in Ext.P3 order dated 19.9.2007, as per which further action was dropped. But it was however observed that the period of absence for which disciplinary action was initiated will be treated as leave without allowances and that the said period of absence will not be reckoned for any service or pensionary benefits. The grievance voiced by the petitioner is that though many years have passed after the petitioner retired from service, till date, the Commuted Value of Pension has not been disbursed to him notwithstanding repeated requests. In this writ petition, the petitioner seeks a direction to the respondents to sanction and disburse the Commuted Value of Pension expeditiously. 2. Sri. V.V.Nandagopal Nambiar, the learned standing counsel appearing for the KSRTC submitted that the admissible WPC No.27179/2010 2 amount of Commuted Value of Pension reckoned with reference to the length of service which the petitioner had up to 31.1.2004 will be paid to him within two months from today. In the light of the said submission, I dispose of the writ petition with a direction to the competent authority among the respondents to sanction and disburse the Commuted Value of Pension to the petitioner with respect to the service rendered by him up to and inclusive of 31.1.2004 within two months from today. P.N.RAVINDRAN, (JUDGE) vps WPC No.27179/2010 3 WPC No.27179/2010 4