IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 35018 of 2008(R) -------------------------------- PETITIONER: -------------- P.VIJAYAMOHANAN NAIR, PARAMESWARA VILASOM, ERATHAVOOR P.O., RUSALPURAM, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. (CONDUCTOR, RETIRED ON 31.01.2005 FROM VIZHINJAM DEPOT). BY MR.N.SASIDHARAN UNNITHAN, ADVOCATE. RESPONDENT: ---------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023. BY MR.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.35018/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF MEMORANDUM No.E1.221/07/VZM DTD. 10.5.2007 ISSUED TO THE PETITIONER. EXT. P2 : COPY OF ORDER No.LR8-023330/97 DTD. 27.1.2007 ISSUED BY THE RESPONDENT CORPORATION. EXT. P3 : COPY OF REPRESENTATION DTD. 30.6.2008 OF THE PETITIONER. EXT. P4 : COPY OF THE JUDGMENT DTD. 30.7.2008 IN W.P.(C) No.22972/2008 PASSED BY THIS HONOURABLE COURT. EXT. P5 : COPY OF THE LETTER No.PA21/007873/05 DTD. 3.10.2008 SENT BY THE RESPONDENT CORPORATION. EXT. P6 : COPY OF THE RELEVANT PAGES OF the SERVICE BOOK OF THE PETITIONER. EXT. P7 : COPY OF THE STATEMENT OF QUALIFYING SERVICE PREPARED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.35018 OF 2008 ---------------------------------------- Dated this the 19th day of March, 2009 JUDGMENT The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.1.2005. Pension has been sanctioned to him without taking into account his daily wage service prior to entering regular service. It is under the above circumstances, the petitioner has approached this Court seeking the following relief: “i) To issue a writ of mandamus or any other writ or direction directing the respondent to count the daily wage service of the petitioner for pension and pensionary on the basis of Ext.P2 order and Ext.P6 service records and disburse the monetary benefits arising therefrom to the petitioner immediately”. 2. Now both sides agree that the relief prayed for by the petitioner has been sanctioned. But the learned Counsel for the petitioner submits that arrears due to the petitioner has not been disbursed to the petitioner. 3. I have heard the learned Standing Counsel for the W.P.(c)No.35018/08 2 Kerala State Road Transport Corporation also. The learned Standing Counsel for the KSRTC seeks time to get instructions as to whether the amount has actually been disbursed to the petitioner. I do not think that it is necessary to continue this writ petition for that purpose. Accordingly, the writ petition is disposed of with a direction to the respondent to pay the amounts due to the petitioner as sanctioned now, if not already paid, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.35018/08 3