High Court of KeralaSingle JudgePartly Allowed; directions issued to KSRTC to h...
F.J. Joy vs The Managing Director, Kerala State Road Transport Corporation; Mathew P.M vs KSRTC; Mohanan K. vs KSRTC; Abdul Salam M. vs KSRTC; Satheesan Pillai P. vs KSRTC; Anil Chandran J.K. vs KSRTC (WP(C) Nos. 3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020)
Case / Petition Number:WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020
Neutral Citation:null
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Dev An Ramachandran
- Judgment Date
- 2022-08-31
- Court Decision / Holding
- The court directed KSRTC to immediately hear and decide the petitioners’ claims and to issue a decision with respect to their claims, guided by the precedents including Rafiq Masih (White Washer). If amounts are found due, disbursement must be completed not later than one month after the order, with the hearing to be completed expeditiously (within two weeks of receipt of the judgment copy).
- Final Disposition
- Partly Allowed; directions issued to KSRTC to hear and decide the claims and to disburse any due amounts within one month if found due, with expedited process mandated.
Parties to the Case
Appellants / Petitioners
- F.J. Joy
- Mathew P.M
- Mohanan K.
- Abdul Salam M.
- Satheesan Pillai P.
- Anil Chandran J.K.
Respondents
- Kerala State Road Transport Corporation (KSRTC) represented by its Managing Director, Transport Bhavan, East Fort, Thiruvananthapuram
- The Managing Director, KSRTC, Transport Bhavan, East Fort, Thiruvananthapuram
- The Executive Director (Administration), KSRTC, Transport Bhavan, East Fort, Thiruvananthapuram
- The Deputy Chief Accounts Officer (Pay Revision Cell), KSRTC, Transport Bhavan, East Fort, Thiruvananthapuram
- The Deputy Chief Accounts Officer (Pension and Audit), KSRTC, Transport Bhavan, East Fort, Thiruvananthapuram
- The Administrative Officer (Budget Section), KSRTC, Transport Bhavan, East Fort, Thiruvananthapuram
- The Assistant Transport Officer, KSRTC, Chathannur Depot
Legal Representation & Advocates
Counsels for Petitioners
- • K.P. Justine (Karipat)
- • S. A. Joseph George (Azhikkath) (appearing in some petitions)
Counsels for Respondents
- • Umul Fidha (Standing Counsel KSRTC)
- • DeePu Thankan (SC, KSRTC) (appearing in some petitions)
Case Synopsis & Summary
These six writ petitions, heard together, challenge retrospective recoveries from the Death-cum-Retirement Gratuity and other post-retirement adjustments made by the Kerala State Road Transport Corporation (KSRTC) in relation to pay fixation under revised scales. The petitioners, retired KSRTC drivers, allege that their pay scales were fixed correctly under the 2006/2011 revisions and that they enjoyed the benefits until retirement, but KSRTC subsequently recovered substantial sums, claiming past pay fixation errors. They seek restoration of all recovered amounts and payment of the specific sums claimed in each petition, plus interest. The KSRTC defends its actions, arguing recoveries were lawful adjustments under applicable pay fixation rules and pay revision schemes. The court notes that the legal issues are addressed by precedents such as Sukumaran Nair v. State of Kerala and, more decisively, State of Punjab v. Rafiq Masih (White Washer), which holds that after retirement, recovery for past pay fixation is impermissible unless there is a clear undertaking. The judge directs the KSRTC to hear and decide the petitioners’ claims promptly, referencing Rafiq Masih, and to disburse any sums due within a month if found owing, while ensuring compliance with the Pay Fixation Rules of 2008 and the Revised Scales of 2011. The decision emphasizes protection of retirees from retroactive salary deductions and mandates a timely administrative resolution.
Provisions of Law Cited
Pay Fixation Rules of 2008Pay Revision AgreementRevised Scale 2011
Legal Doctrines & Maxims
- No recovery after retirement for a wrong pay fixation, unless there is an undertaking to permit such recovery (as laid down in Rafiq Masih).
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that their pay scales were fixed correctly according to the 2011 revised scales and related pay revision rules, and they enjoyed these benefits until retirement. They allege retrospective recoveries from their DCRG constitute illegal deductions and seek restoration of all amounts recovered and payment of specific sums claimed in each petition, with interest. They rely on Sukumaran Nair v. State of Kerala and, more decisively, State of Punjab v. Rafiq Masih (White Washer) to argue that after retirement no recovery is permissible unless an undertaking was given. They urge the Court to direct the KSRTC to decide their claims expeditiously under the Pay Fixation Rules of 2008 and the 2011 revised scales, and to disburse any due amounts promptly.
Contentions of Respondents
The KSRTC argues that recoveries were lawful adjustments under applicable pay fixation rules and pay revision schemes and that post-retirement recoveries can be permitted where allowed by the rules and any undertakings. They request dismissal of the petitions or disposal with costs, maintaining that the petitioners cannot compel automatic restoration without due process and a formal determination by the competent authority.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sukumaran Nair v. State of Kerala | 2000 (3) KLT SN 27 | Mentioned Only | Cited as part of the legal backdrop; the judgment notes it among authorities but does not appear to rely on its ratio directly in the order. |
| State of Punjab v. Rafiq Masih (White Washer) | 2015 (4) SCC 334 | Positive | Cited with clear relevance to the principle that post-retirement recoveries are generally impermissible unless an undertaking exists; used as a guiding precedent for the order. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 31[ST] DAY OF AUGUST 2022 / 9TH BHADRA, 1944**
## **WP(C) NO. 3929 OF 2016**
## **PETITIONER:**
F.J.JOY AGED 57 YEARS S/O M. JEROME, AIJO DALE, TNRA-98, THOTTACKAD NAGAR, THANKASSERY PO, PIN 691 007, KOLLAM (INSPECTOR (RETD), KSRTC, KOLLAM DEPOT) BY ADV SRI.K.P.JUSTINE (KARIPAT)
## **RESPONDENTS:**
1 THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023 2 THE EXECUTIVE DIRECTOR (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023 3 THE DISTRICT TRANSPORT OFFICER KSRTC, KOLLAM DEPOT-691 005
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2022, ALONG WITH WP(C).23618/2019, 25881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
2
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 31[ST] DAY OF AUGUST 2022 / 9TH BHADRA, 1944**
## **WP(C) NO. 23618 OF 2019**
## **PETITIONER:**
MATHEW.P.M AGED 58 YEARS S/O.MANI, PADIYARAYIL HOUSE, VATTUKULAM.P.O., VIA. VAYALA, PIN-686596, KADAPPOOR, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM DEPOT, RETIRED ON 30.4.2017.) BY ADV K.P.JUSTINE (KARIPAT)
## **RESPONDENTS:**
1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023. 2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695027. 3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695027. 4 THE DEPUTY CHIEF ACCOUNTS OFFICER, (PENSION AND AUDIT), KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-695027. 5 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM DEPOT-686001. BY ADV SHRI.DEEPU THANKAN, SC, KSRTC
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
**==> picture [7 x 10] intentionally omitted <==**
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2022, ALONG WITH WP(C).3929/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
4
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 31[ST] DAY OF AUGUST 2022 / 9TH BHADRA, 1944**
## **WP(C) NO. 25881 OF 2020**
## **PETITIONER:**
MOHANAN K. AGED 58 YEARS S/O. KRISHNAN, RESIDING AT THENGUVILA HOUSE, PERINODE P.O, KADAVOOR, KOLLAM-690 691, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.12.2018 FROM CHATHANNUR DEPOT).
BY ADV K.P.JUSTINE (KARIPAT)
## **RESPONDENTS:**
|1|THE KERALA STATE ROAD TRANSPORT CORPORATION|
|---|---|
||REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST|
||FORT, THIRUVANANTHAPURAM-695 023|
|2|THE MANAGING DIRECTOR,|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023|
|3|THE EXECUTIVE DIRECTOR (ADMINISTRATION)|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.|
|4|THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL)|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023|
|5|THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION AND AUDIT)|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023|
|6|THE ADMINISTRATIVE OFFICER (BUDGET SECTION)|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
**==> picture [7 x 9] intentionally omitted <==**
BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023
7 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT-691 572, KOLLAM DISTRICT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2022, ALONG WITH WP(C).3929/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
6
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 31[ST] DAY OF AUGUST 2022 / 9TH BHADRA, 1944**
## **WP(C) NO. 26191 OF 2020**
## **PETITIONER:**
ABDUL SALAM M. AGED 56 YEARS S/O.K.MOIDEEN KUNJU, RESIDING AT ATTUKALLIL HOUSE, PALKULANGARA NAGAR, KILIKOLLUR, KOLLAM- 691 004, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31/3/2019 FROM CHATHANNOOR DEPOT).
BY ADV K.P.JUSTINE (KARIPAT)
## **RESPONDENTS:**
|1|THE KERALA STATE ROAD TRANSPORT CORPORATION|
|---|---|
||REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST|
||FORT, THIRUVANANTHAPURAM - 695 023.|
|2|THE MANAGING DIRECTOR|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.|
|3|THE EXECUTIVE DIRECTOR (ADMINISTRATION)|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.|
|4|THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL)|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695023.|
|5|THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION AND AUDIT)|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVANANTHAPURAM- 695 023.|
|6|THE ADMINISTRATIVE OFFICER (BUDGET SECTION)|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
**==> picture [7 x 8] intentionally omitted <==**
BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.
7 THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT - 691 572, KOLLAM DISTRICT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2022, ALONG WITH WP(C).3929/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
8
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 31[ST] DAY OF AUGUST 2022 / 9TH BHADRA, 1944**
## **WP(C) NO. 26713 OF 2020**
## **PETITIONER:**
SATHEESAN PILLAI P. AGED 56 YEARS S/O. PRABHAKARAN PILLAI G., RESIDING AT KARUNALAYAM, UMAYANALLOOR P.O., KOLLAM-691589 (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31/05/2019 FROM CHATHANNOOR DEPOT)
BY ADV K.P.JUSTINE (KARIPAT)
## **RESPONDENTS:**
|1|THE KERALA STATE ROAD TRANSPORT CORPORATION,|
|---|---|
||REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,|
||EAST FORT, THIRUVNANTHAPURAM-695023.|
|2|THE MANAGING DIRECTOR,|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVNANTHAPURAM-695023.|
|3|THE EXECUTIVE DIRECTOR (ADMINISTRATION),|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVNANTHAPURAM-695023.|
|4|THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL),|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVNANTHAPURAM-695023.|
|5|THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION AND AUDIT),|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
||BHAVAN, EAST FORT, THIRUVNANTHAPURAM-695023.|
|6|THE ADMINISTRATIVE OFFICER (BUDGET SECTION),|
||KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT|
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
**==> picture [7 x 10] intentionally omitted <==**
BHAVAN, EAST FORT, THIRUVNANTHAPURAM-695023.
7 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT, KOLLAM DISTRICT-691572.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2022, ALONG WITH WP(C).3929/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
10
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 31[ST] DAY OF AUGUST 2022 / 9TH BHADRA, 1944**
## **WP(C) NO. 26737 OF 2020**
## **PETITIONER:**
ANIL CHANDRAN J.K. AGED 58 YEARS S/O JANARDHANA PILLAI, RESIDING AT MELE PUTHEN VEEDU, THAZHUTHALA, KOTTIYAM P O, KOLLAM-691571, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.06.2018 FROM CHATHANNUR DEPOT). BY ADVS. K.P.JUSTINE (KARIPAT) SRI.A.JOSEPH GEORGE (AZHIKKAKATH)
## **RESPONDENTS:**
1 THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023. 2 THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRTANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023. 3 THE EXECUTIVE DIRECTOR (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023. 4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023. 5 THE DEPUTY CHIEF ACCOUNTS OFFICER(PENSION AND AUDIT) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
**==> picture [12 x 9] intentionally omitted <==**
BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023. 6 THE ADMINISTRATION OFFICER(BUDGET SECTION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023. 7 THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT-691572, KOLLAM DISTRICT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2022, ALONG WITH WP(C).3929/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
12
## **JUDGMENT**
The petitioners say that they retired from the services of the Kerala State Road Transport Corporation (KSRTC). They assert that their pay scales were fixed correctly as per the provisions of the relevant Rules in the year 2011 and was enjoying the said benefits till
their retirement.
2. The petitioners allege that, however, a
large amount of money has now been recovered
from them Death-cum-Retirement Gratuity (DCRG),
citing the reduction of their salary
retrospectively after their retirement and therefore, pray that the KSRTC be directed to restore all such benefits and disburse to the petitioner in WP(C)No.3929/2016 an amount of Rs.45,250/-; to the petitioner in WP(C)No.26191 of 2020 an amount of Rs.45,217/-; to the petitioner in WP(C)No.25881 of 2020 an amount
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
**==> picture [13 x 10] intentionally omitted <==**
of Rs.1,08,873/-; to the petitioner in
WP(C)No.26737 of 2020 an amount of Rs.88,560/-;
to the petitioner in WP(C)No.26713 of 2020 an
amount of Rs.1,36,796/-; to the petitioner in
WP(C)No.23618 of 2019 an amount of Rs.58,414/-,
along with interest, which was illegally recovered from him.
3. The afore submissions of
Sri.K.P.Justine – learned counsel for the
petitioners, were vehemently opposed by
Smt.Umul Fidha – learned counsel representing
the learned Standing Counsel for the KSRTC, saying that the petitioners cannot obtain a
benefits which were not legally due to them; and that her client has acted properly in
having adjusted their salary and effecting the
necessary recovery. She, therefore, prayed that this writ petition be dismissed.
4. Even when I hear Smt.Umul Fidha on the
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
14
afore lines, the fact remains that the legal issues in this case are covered by various judgments, including in _**Sukumaran Nair v. State of Kerala**_ [2000 (3) KLT SN 27] and that of the Hon'ble Supreme Court in _**State of Punjab v.**_
_**Rafiq Masih (White Washer)**_ [2015(4) SCC 334].
5. The affirmative declarations of law by the Hon'ble Supreme Court is to the effect that, once a person retires, no recovery can be made against him on the allegation of a wrong pay fixation and such other in the past, except
if he has given an undertaking specifically to the effect that such recovery can be effected.
6. In the afore circumstances, I am certain that the petitioners' claims must be considered by the competent Authority of the 1[st] respondent – KSRTC, without any avoidable delay.
Resultantly, I order this writ petition
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
15
and direct the competent Authority of the 1[st]
respondent to immediately hear the petitioners and take a decision with respect to their claims as made in this writ petition, adverting to the afore two precedents and in
particular _**Rafiq Masih**_ (supra); thus culminating in an appropriate order and
necessary action thereon, as expeditiously as is possible, but not later than two weeks from the date of receipt of a copy of this
judgment.
Needless to say, if the Authority is to
find that the amounts are due to the petitioners, then action to disburse the same will be completed not later than one month
thereafter.
## **Sd/-**
## **DEVAN RAMACHANDRAN**
## **JUDGE**
SAS
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
## 16
## **APPENDIX OF WP(C) 23618/2019**
PETITIONER'S EXHIBITS
|EXHIBIT P1|TRUE COPY OF THE PENSION PASS ISSUED TO THE|
|---|---|
||PETITIONER.|
|EXHIBIT P2|TRUE COPY OF THE OPTION FORM DATED 17.3.2009.|
|EXHIBIT P3|TRUE COPY OF THE STATEMENT OF FIXATION OF PAY|
||IN THE REVISED SCALE 2006.|
|EXHIBIT P4|TRUE COPY OF THE PAGE NO.22 OF THE SERVICE|
||BOOK (HISTORY AND VERIFICATION OF SERVICE).|
|EXHIBIT P5|TRUE COPY OF THE PAGE NO.45 (HISTORY OF|
||VERIFICATION OF SERVICE) OF THE PETITIONER.|
|EXHIBIT P6|TRUE COPY OF THE CERTIFICATE BY THE ROAD|
||SAFETY COMMISSIONER DURING THE ROAD SAFETY|
||WEEK, 2015.|
|EXHIBIT P7|TRUE COPY OF THE REPORT OF THE MANGALAM DAILY|
||DATED 11.9.2013.|
|EXHIBIT P8|TRUE COPY OF THE REPRESENTATION DATED|
||11.6.2018.|
|EXHIBIT P9|TRUE COPY OF THE JUDGMENT DATED 20.7.2018 IN|
||WPC.NO.24421/2018.|
|EXHIBIT P10|TRUE COPY OF THE NOTICE NO.E1/5572/17/KTM.|
||DATED 1.1.2019.|
|EXHIBIT P11|TRUE COPY OF THE LETTER NO.E1-101/19/KTM.|
||DATED 7.1.2019.|
|EXHIBIT P12|TRUE COPY OF THE APPENDIX-II (PAY FIXATION|
||RULES OF 2008) PAY REVISION AGREEMENT.|
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
17
## **APPENDIX OF WP(C) 25881/2020**
|PETITIONER'S EXHIBITS||
|---|---|
|EXHIBIT P1|TRUE COPY OF THE PENSION PASS ISSUED TO THE|
||PETITIONER.|
|EXHIBIT P2|TRUE COPY OF THE OPTION FORM.|
|EXHIBIT P3|TRUE COPY OF THE PAGE NO. 24 OF THE SERVICE|
||BOOK OF THE PETITIONER.|
|EXHIBIT P4|TRUE COPY OF THE STATEMENT OF FIXATION OF PAY|
||WITH THE REVISED SCALE 2011.|
|EXHIBIT P5|TRUE COPY OF THE AUDIT NOTE DATED 26.12.2018.|
|EXHIBIT P6|TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.|
||IAI/PA13/04463 DATED 12.2.2019.|
|EXHIBIT P7|TRUE COPY OF THE REPRESENTATION DATED|
||4.1.2019.|
|EXHIBIT P8|TRUE COPY OF THE REPRESENTATION DATED|
||14.6.2019.|
|EXHIBIT P9|TRUE COPY OF THE LETTER NO. PL7/022491/2019|
||DATED 15.10.2019.|
|EXHIBIT P10|TRUE COPY OF THE RELEVANT PAGES 3,5 AND 8 OF|
||THE OPTION REGISTER KEPT AT THE OFFICE OF THE|
||7TH RESPONDENT (PETITIONER'S NAME IS RECORDED|
||AS 117)|
|EXHIBIT P11|TRUE COPY OF THE MEMORANDUM OF THE 2ND|
||RESPONDENT VIDE NO. PRC/039994/12 DATED|
||4.12.2012.|
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
## 18
## **APPENDIX OF WP(C) 26191/2020**
|PETITIONER'S EXHIBITS||
|---|---|
|EXHIBIT P1|TRUE COPY OF THE PENSION PASS ISSUED TO THE|
||PETITIONER.|
|EXHIBIT P2|TRUE COPY OF THE OPTION FORM.|
|EXHIBIT P3|TRUE COPY OF THE STATEMENT OF FIXATION OF PAY|
||WITH THE REVISED SCALE 2011.|
|EXHIBIT P4|TRUE COPY OF THE AUDIT NOTE DATED 7/1/2019.|
|EXHIBIT P5|TRUE COPY OF THE GRATUITY PAYMENT ORDER|
||NO.IAI/PA13/002979/2019 DATED 25/6/2019.|
|EXHIBIT P6|TRUE COPY OF THE REPRESENTATION DATED|
||4/6/2019.|
|EXHIBIT P7|TRUE COPY OF THE RELEVANT PAGES 3, 5 & 7 OF|
||THE OPTION REGISTER.|
|EXHIBIT P8|TRUE COPY OF THE MEMORANDUM OF THE 2ND|
||RESPONDENT VIDE NO.PRC/039994/12 DATED|
||4/12/2012.|
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
## 19
## **APPENDIX OF WP(C) 26713/2020**
|PETITIONER' EXHIBITS:||
|---|---|
|EXHIBIT P1|TRUE COPY OF THE PENSION PASS ISSUED TO THE|
||PETITIONER RETIRED ON 31.05.2019|
|EXHIBIT P2|TRUE COPY OF THE OPTION FORM DATED|
||03/12/2012.|
|EXHIBIT P3|TRUE COPY OF THE PAGE NO.30 OF THE SERVICE|
||BOOK OF THE PETITIONER DATED NIL.|
|EXHIBIT P4|TRUE COPY OF THE STATEMENT OF FIXATION OF PAY|
||IN THE REVISED SCALE 2011 DATED 03/12/2012.|
|EXHIBIT P5|TRUE COPY OF THE AUDIT NOTE DATED 18.7.2019|
|EXHIBIT P6|TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.|
||IAI/PA13/034089/2019 DATED 28/12/2019.|
|EXHIBIT P7|TRUE COPY OF THE REPRESENTATION DATED|
||16/01/2020.|
|EXHIBIT P8|TRUE COPY OF THE RELEVANT PAGES 3 & 5 OF THE|
||OPTION REGISTER.|
|EXHIBIT P9|TRUE COPY OF THE MEMORANDUM NO. PRC/039994/12|
||DATED 04/12/2012.|
|RESPONDENT EXHIBITS:||
|EXHIBIT R-1(a)|TRUE COPY OF THE CIRCULAR NO.1 DATED|
||19/12/2012|
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
## 20
## **APPENDIX OF WP(C) 26737/2020**
|PETITIONER'S EXHIBITS||
|---|---|
|EXHIBIT P1|TRUE COPY OF THE PENSION PASS ISSUED TO THE|
||PETITIONER.|
|EXHIBIT P2|TRUE COPY OF THE PAGE NO.24 OF THE SERVICE|
||BOOK OF THE PETITIONER.|
|EXHIBIT P3|TRUE COPY OF THE AUDIT NOTE DATED 5.12.2018|
||RECORDED IN PAGE NO 49 OF THE SERVICE BOOK.|
|EXHIBIT P4|TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.|
||IAI/PAI13/021600 DATED 7.1.2019.|
|EXHIBIT P5|TRUE COPY OF THE REPRESENTATION DATED|
||5.4.2019.|
|EXHIBIT P6|TRUE COPY OF THE REPRESENTATION DATED|
||10.06.2019 WITH COPY TO THE 2ND RESPONDENT.|
|EXHIBIT P7|TRUE COPY OF THE MEMORANDUM NO.PL7/382/2019|
||DATED 24.08.2019.|
|EXHIBIT P8|TRUE COPY OF THE MEMORANDUM NO.PRC/039994/12|
||DATED 4.12.2012.|
|EXHIBIT P9|TRUE COPY OF THE PAGE NOS.3 AND 5 OF THE|
||OPTION REGISTER.|
[WP(C) Nos.3929/2016, 23618/2019, 25881/2020, 26191/2020, 26713/2020, 26737/2020]
## 21
## **APPENDIX OF WP(C) 3929/2016**
|PETITIONER EXHIBITS||
|---|---|
|EXHIBIT P1|EXT.P1: TRUE COPY OF THE PENSION PASS ISSUED|
||TO THE PETITIONER|
|EXHIBIT P2|EXT.P2: TRUE COPY OF THE OPTION FORUM IN THE|
||2011 SCALES CONSEQUENT TO 2012 AGREEMENT|
|EXHIBIT P3|EXT.P3: TRUE COPY OF THE REPRSENTATION DT.|
||17/11/15 SUBMITTED TO THE 3RD RESPONDENT|
|EXHIBIT P4|EXT.P4: TRUE COPY OF THE MEMORANDUM DT.|
||7/1/16 ISSUED BY THE KSRTC|
|EXHIBIT P5|TRUE COPY OF THE STATEMENT DATED 27.11.2020|
||REGARDING THE PAYMENT OF PENSIONARY BENEFITS.|
//TRUE COPY// P.A. TO JUDGE