IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 34108 of 2010(K) -------------------------- PETITIONER(S): --------------- P.T.RADHAMONY,W/O.LATE SASIDHARAN.T.K, THIRUNILATH HOUSE,ELAMKUNNAPUZHA, ERNAKULAM DISTRICT,(POSTWOMAN,PACHALAM.P.O, COCHIN-68212). BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): --------------- 1. THE KERALA STATE ROADL 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, THIRUVANANTHAPURAM-23. 3. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THODUPUZHA. 4. THE SECRETARY,K.S.T.WORKERS CO-OP; SOCIETY LTD.NO.T.133,THIRUVANANTHAPURAM. 5. SRI.T.M.GOVINDANKUTTY,(RETIRED CONDUCTOR KSRTC,ERNAKULAM),THAMARASSERIL HOUSE, VELIYANAD,EDACKATTUVAYAL.P.O. 6. SRI.JOY GEORGE,(INSPECTOR,KSRTC, ERNAKULAM),MALOTH HOUSE,THEVARA,COCHIN-15. ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.34108 of 2010 ----------------------------------------- Dated this the 18th day of November, 2010 JUDGMENT The petitioner is the wife of late Sri.T.K.Sasidharan, who was employed as Conductor in the Kerala State Road Transport Corporation, hereinafter referred to as the Corporation for short. He died while in service on 25.8.2009 leaving behind the petitioner-his wife, his mother and daughter as his legal heirs. The petitioner's husband had availed a loan from the Kerala State Transport Workers Co-operative Society Ltd. Respondents 5 and 6 are sureties to the said loan transaction. It appears the petitioner's husband defaulted repayment of the loan. Thereupon the Society referred the dispute to the Arbitrator who passed Ext.P4 award holding him liable for the sum of Rs.76,612/- together with interest and costs. It is stated that as on today more than Rs.90,000/- is due from the estate of the deceased employee under Ext.P4 award. 2. The petitioner states that though her husband passed away on 25.8.2009 till date the terminal benefits payable to her W.P(C).No.34108 of 2010 -:2:- late husband, namely, death cum retirement gratuity, provident fund amount and amounts due from the Staff Welfare Fund,, were not disbursed. She further states that she is also entitled to family pension with effect from 1.9.2009. It is stated that if the terminal benefits are paid in lump the petitioner can satisfy Ext.P4 award also meet other expenses including the expenses for the treatment of her mother-in-law. In this writ petition the petitioner seeks a direction to the official respondents to sanction and disburse the terminal benefits payable to her husband late Sri.T.K.Sasidharan. 3. When the writ petition came up for hearing on 11.11.2010 the learned standing counsel appearing for the Corporation and the learned standing counsel appearing for the Kerala State Transport Workers Co-operative Society Ltd. were requested to get instructions. When the writ petition came up for hearing today the learned standing counsel for the Corporation submitted that the terminal benefits, namely, death-cum- retirement gratuity, payment from the staff welfare fund and provident fund, terminal leave surrender benefits and other benefits, if any, will be disbursed to the petitioner within one month from today, after settling the claim of the Kerala State Transport Workers Co-operative Society Ltd. under Ext.P4 award and that payment of family pension will be made within two W.P(C).No.34108 of 2010 -:3:- months from today. The learned standing counsel for the 4th respondent submitted that as on 15.10.2010 the sum of Rs.94,201/- was due under Ext.P4 award and that if payment of the said amount is made within one month from today the 4th respondent will record full satisfaction of the award. In the light of the said submission, I dispose of the writ petition with a direction to the competent authority among respondents 1 to 3 to sanction and disburse to the petitioner the terminal benefits payable to late Sri.T.K.Sasidharan expeditiously and in any event within one month from today. From out of the amount the sum of Rs.94,201/- shall be paid by the Corporation directly to the 4th respondent towards full and final settlement of Ext.P4 award. The 4th respondent upon receipt of the said sum record full satisfaction of Ext.P4 award. In other words the balance amount after giving credit to the sum of Rs.94,201/- alone need be paid over to the petitioner by way of terminal benefits. The competent authority among respondents 1 to 3 shall also sanction and disburse family pension to the petitioner with effect from 1.9.2009 within two months from today. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.34108 of 2010 ---------------------------- JUDGMENT 18th November, 2010