Kerala State Road Transport Corporation v. Premakumari. K. G
2025-07-02
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M
body2025
DigiLaw.ai
JUDGMENT : Sushrut Arvind Dharmadhikari, J. 1. Heard Adv.Sri. Deepu Thankan, learned Standing Counsel for the appellant, Adv.Sri.K.P Rajeevan, learned counsel for respondents 1 to 21 and Adv.Sri.K.P Harish, leaned Senior Government Pleader for the 22 nd respondent. 2. Heard finally with the consent of both the parties. 3. The present intra court appeal filed under Section 5 of the Kerala High Court, Act, 1958 assails the judgment dated 10.02.2025 passed in W.P (C) No. 38998 of 2024, whereby the learned Single Judge has disposed the writ petition with a direction to the appellants to disburse the terminal leave surrender benefits within four months from the date of the judgment. 4. The brief facts of the case are that the respondents 1 to 21 are retired employees of the KSRTC, who retired from service in the year 2022. The 1 st respondent had earlier approached this Court in W.P (C) No. 18776 of 2022, wherein the writ petition was allowed by passing the following order : "Resultantly, I order this Writ Petition and direct the competent among respondents to ensure that the retiral benefits eligible to the petitioners, including DCRG, CVP and Terminal Leave Surrender salary as the case may be, are disbursed to them within a period of three months from the date of receipt of a copy of this judgment, notwithstanding whether the revision as sought for by the KSRTC is allowed by the Government or otherwise. Needless to say, if any such revision is allowed by the Government in future, then the concomitant additional benefits eligible to the petitioners will also be released to them within a period of four months thereafter." 5. Being aggrieved, the present appellants filed W.A No. 611 of 2023 and other connected cases which are still pending. In the said writ appeals, the Division Bench passed an interim order dated 21.12.2023 which reads thus :- "...Having considered the contentions raised on either side. we are of the clear view that the restarting of contribution to the corpus fund is absolutely essential since it is in the interest of all concerned including the Corporation that such a corpus fund be available to meet the liability of the Corporation towards payment of retirement benefits to its employees.
we are of the clear view that the restarting of contribution to the corpus fund is absolutely essential since it is in the interest of all concerned including the Corporation that such a corpus fund be available to meet the liability of the Corporation towards payment of retirement benefits to its employees. However, in the light of the financial stringency as claimed by the appellant, we direct that the contributions to the corpus fund be restarted from the 1 st of January, 2024 by earmarking 5% of the daily collection towards the corpus fund. The daily contribution to the corpus fund will be re-established as 10% as soon as practically possible. The amounts deposited to the corpus fund will be utilised for meeting the retirement benefits of the retired employees. The appellant shall restart the contribution to the corpus fund and shall make prompt contribution to the fund and continue such contribution as was being done from 2001 till 2019, strictly in accordance with the directions in W.A.No.289/2001. The appellant shall report compliance with these directions and shall also inform the time required to restore the contribution to 10% of the daily collection." 6. Subsequently, Ext.P4 order dated 23.08.2024 was passed by the appellants, wherein it was stated that the terminal leave benefits shall be paid only after disbursement of the pensionary benefits to all employees who retired in that particular year. Being aggrieved, the respondents filed the W.P(C) No. 38998 of 2024 seeking the following reliefs :- "i) Call for the records leading to this case and issue a writ of certiorari and quash Exhibit P4. ii) Issue a writ of mandamus directing the respondents to disburse the amount of terminal leave surrender benefits with interest to the Petitioners immediately. iii) Issue such other orders as this Hon'ble court may deem fit to issue in the circumstances of the case. iii) Dispense with filing of the translation of vernacular documents." 7. The learned Single Judge, while disposing the writ petition, considered only the second prayer and not the first one by which the respondents were aggrieved. As a consequence, the same direction as passed in the earlier round came to be passed again. The appellants, being aggrieved, preferred this appeal challenging the judgment in the writ petition. 8.
The learned Single Judge, while disposing the writ petition, considered only the second prayer and not the first one by which the respondents were aggrieved. As a consequence, the same direction as passed in the earlier round came to be passed again. The appellants, being aggrieved, preferred this appeal challenging the judgment in the writ petition. 8. On a perusal of the relief clause in the writ petition, it is seen that the respondents had categorically challenged Ext.P4 dated 23.08.2024 which has not been taken into consideration at all while deciding the writ petition. The learned Single Judge could not have again directed the appellants to disburse the respondents' terminal leave surrender benefits within four months from the date of the judgment, when such direction had already been issued in Ext.P1 judgment and the writ appeals are still pending consideration. 9. In view of the aforesaid, the impugned judgment cannot be allowed to stand and the same is hereby set aside. The matter is remitted back to the learned Single Judge to decide prayer no. 1 in particular and thereafter pass a reasoned and speaking order, as expeditiously as possible. Insofar as the second prayer is concerned the same has already been granted in Ext.P1 judgment. Therefore, the learned Single Judge need not delve into the prayer no. 2. The matter is remanded back for the limited purpose of considering prayer no.1. 10. With the aforesaid, this writ appeal stands disposed of. W.P (C) No. 38998 of 2024 is restored to file. The Registry is directed to place the writ petition before appropriate Bench for hearing in the next week.