Kerala High Court
WP(C)/11382/2025 of RAJAN CHOYIKKANDY Vs THE KERALA STATE ROAD TRANSPORT CORPORATION on 10 April 2025
No. 11382 & 11385 of 2025 2025:KER:31362 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 11382 OF 2025 PETITIONER: RAJAN CHOYIKKANDY AGED 63 YEARS, S/O.KUNHIRAMAN, CHOTHARA VEEDU,
W.P. (C) No. 11382 & 11385 of 2025
2025:KER:31362
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 11382 OF 2025
PETITIONER:
RAJAN CHOYIKKANDY
AGED 63 YEARS, S/O.KUNHIRAMAN,
CHOTHARA VEEDU, NEERVELI.P.O., VIA. NIRMALAGIRI, KANNUR DISTRICT-670 701, (DRIVER, KERALA STATE
ROAD TRANSPORT CORPORATION, RETIRED ON 31.5.2017
FROM KANNUR DEPOT, PIN – 670003.
BY ADVS.
K. P. JUSTINE (KARIPAT)
A. JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN – 695023.
THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN – 695023.
THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN – 695023.
THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, KANNUR DEPOT, PIN – 670003.
W.P. (C) No. 11382 & 11385 of 2025
2025:KER:31362
BY ADV.
DEEPU THANKAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.04.2025, ALONG WITH WP(C)11385/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No. 11382 & 11385 of 2025
2025:KER:31362
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 11385 OF 2025
PETITIONERS:
JANARDHANAN P.,
AGED 63 YEARS, S/O. KUNHIKKANNAN,
OTTANI HOUSE, KAKKAYANGAD P. O.,
KANNUR DISTRICT, (DRIVER, KERALA STATE ROAD
TRANSPORT CORPORATION, RETIRED ON 30.11.2015 FROM
KANNUR DEPOT), PIN – 670673.
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENT/S:
THE KERALA STATE ROAD TRANSPORT CORPORATION
REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023
THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN – 695023.
THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN – 695023.
W.P. (C) No. 11382 & 11385 of 2025
2025:KER:31362
THE ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION, KANNUR DEPOT, PIN - 670003
BY ADV.
DEEPU THANKAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.04.2025, ALONG WITH WP(C).11382/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No. 11382 & 11385 of 2025
2025:KER:31362
D. K. SINGH, J.
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W.P.(C) Nos. 11382 & 11385 of 2025
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Dated this the 10th day of April, 2025
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JUDGMENT
1. The present writ petitions have been filed by the retired employees of the Kerala State Road Transport Corporation. They have approached this Court seeking the following reliefs;
i. Call for the records leading to the case.
ii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to sanction and disburse the consequential monetary benefits to the petitioner as directed in P6 order within a time frame as may be stipulated by this Hon’ble Court.
iii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to sanction and disburse the arrears of salary after revising the pay and also to disburse the arrears of pension and pensionary benefits.
iv. Dispense with filing of the English Translation of Vernacular documents. v. Issue such other writ, order or direction as this Hon’ble Court may deem fit and proper to grant in the facts and circumstances of this case.
W.P. (C) No. 11382 & 11385 of 2025
2025:KER:31362
2. In the counter affidavit filed on behalf of the respondents, it has been stated that the KSRTC will pay the benefits to the petitioners in eight months’ time, in equal monthly installments.
3. Considering the aforesaid stand of the respondent Corporation, the present writ petitions are hereby disposed of with direction to the respondent Corporation to pay the arrears of salary, pension etc. to the petitioners within six months, in equal monthly installments. The first installment is to be paid on or before 15.05.2025 and the remaining five installments on or before the fifteenth day of each succeeding month thereafter.
Sd/- D. K. SINGH JUDGE Svn
W.P. (C) No. 11382 & 11385 of 2025
2025:KER:31362
APPENDIX OF WP(C) 11385/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE LETTER NO.PL 14/024033/09 DATED 15.07.2010
EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY PARIYARAM MEDICAL COLLEGE HOSPITAL, SAHAKARANA HRUDAYALAYA, KANNUR, DATED 23.02.2011
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 11.4.2017 IN W.P.(C ) NO.6753/2016 OF THIS HON'BLE COURT
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 6.11.2023 IN W.A.NO.2317/2017 OF THIS HON'BLE COURT
EXHIBIT P6 TRUE COPY OF THE ORDER NO.S001-AVA03/905/2024
– ADM – KSRTC – HQ DATED 2.9.2024. ISSUED BY THE RESPONDENT CORPORATION
W.P. (C) No. 11382 & 11385 of 2025
2025:KER:31362
APPENDIX OF WP(C) 11382/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE LETTER NO.P1 1360/10/KANNUR DATED 19.4.2010
EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM, DATED 14.9.2010
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 12.4.2017 IN W.P.(C ) NO.14179/2016 OF THIS HON'BLE COURT
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 6.11.2023 IN W.A.NO.2324/2017 OF THIS HON'BLE CKOURT
EXHIBIT P6 TRUE COPY OF THE
ORDER
NO. S 001-AVA 03/9005/2024 – ADM – KSRTC – HQ DATED 2.9.2024