Rajan Choyikkandy v. Kerala State Road Transport Corporation; Janardhanan P. v. Kerala State Road Transport Corporation

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: D. K. SINGH
Judgment Date: 2025-04-10
Court Decision / Holding: Petitions disposed of with a direction to KSRTC to pay arrears of salary, pension, etc., within six months, in equal monthly installments; first installment by 15.05.2025 and the remaining installments on or before the 15th of each subsequent month.
Final Disposition: Writ petitions disposed of with a direction to pay arrears/salary/pension within six months in installments.

Parties to the Case

Appellants / Petitioners

Rajan Choyikkandy
Janardhanan P.

Respondents

Kerala State Road Transport Corporation (KSRTC)
The Managing Director, KSRTC
The Executive Director (Administration), KSRTC
The Assistant Transport Officer, KSRTC Kannur Depot

Legal Representation & Advocates

Counsels for Petitioners

• K. P. Justine (Karipat)
• A. Joseph George (Azhikkakath)

Counsels for Respondents

• Deeppu Thankan - SC

Case Synopsis & Summary

These writ petitions, filed by two retired KSRTC drivers, seek mandamus-like relief to ensure timely payment of monetary benefits and pensionary arrears arising from pay revisions and other emoluments due post-retirement. The petitioners, Rajan Choyikkandy and Janardhanan P., pray for sanction and disbursement of the consequential benefits as directed in the P6 order, arrears of salary after revising pay, and arrears of pension and pensionary benefits, along with a waiver of English translation requirements for vernacular documents. In the judgment delivered on 10 April 2025, the court records the respondent KSRTC’s stand that benefits would be disbursed in eight equal monthly installments within eight months. However, taking the Corporation’s position into account, the court disposes of the petitions by directing that arrears of salary, pension, and related benefits be paid within six months in six equal installments. The first installment is to be paid by 15 May 2025, with subsequent installments due on or before the 15th of each following month. The court’s order also references the Appendix exhibits (P1–P6) relating to pension passes, letters, medical certificates, and judgments in related matters, underscoring the need for expeditious compliance. The decision emphasizes timely relief for retired employees while acknowledging administrative constraints, ensuring prompt disbursement of arrears and pensionary benefits within a tightly defined timetable.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners, two retired KSRTC drivers, challenge the inaction of the KSRTC in sanctioning and disbursing monetary and pensionary benefits, including arrears following pay revisions. They seek mandamus to direct the 2nd respondent to sanction and disburse benefits as per the P6 order within a specified timeframe and to disburse arrears of salary and pension, along with dispensing with English translations of vernacular documents.

Contentions of Respondents

The KSRTC contends it will pay the benefits in eight months in equal monthly installments (as per counter affidavit). The court is urged to consider this plan; the corporation asserts administrative and budgetary considerations in implementing the relief sought, leading to a timetable that the court eventually refines in its judgment.

Cited Precedents (4)

Case Name	Citation	Treatment	Explanation
W.P.(C) No. 6753/2016	6753/2016	Mentioned Only	Exhibit P4 references this judgment; no discussion/ratio analysis in the present judgment.
W.A. No. 2317/2017	2317/2017	Mentioned Only	Exhibit P5 references this judgment; no substantive analysis herein.
W.P.(C) No. 14179/2016	14179/2016	Mentioned Only	Exhibit P4 includes this judgment; not discussed in detail.
W.A. No. 2324/2017	2324/2017	Mentioned Only	Exhibit P5 includes this judgment; no elaboration in the judgment.

Extracted Judgment Text

Exact text extracted from official judgment records.

1 W.P. (C) No. 11382 & 11385 of 2025 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:31362 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE MR. JUSTICE D. K. SINGH`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` **==> picture [167 x 12] intentionally omitted <==** ## **`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:`** - **`1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN – 695023.`** - **`2 THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN – 695023.`** - **`3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN – 695023.`** - **`4 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KANNUR DEPOT, PIN – 670003.`** 2 W.P. (C) No. 11382 & 11385 of 2025 **==> picture [57 x 58] intentionally omitted <==** ``` 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: ``` 3 W.P. (C) No. 11382 & 11385 of 2025 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:31362 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE D. K. SINGH ``` ``` THURSDAY, THE 10[TH] 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:`** - **`1 THE KERALA STATE ROAD TRANSPORT CORPORATION REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023`** - **`2 THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN – 695023.`** - **`3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN – 695023.`** 4 W.P. (C) No. 11382 & 11385 of 2025 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:31362 ``` ``` 4 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: ``` 5 W.P. (C) No. 11382 & 11385 of 2025 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:31362 ``` ## **D. K. SINGH, J.** -------------------------- **W.P.(C) Nos. 11382 & 11385 of 2025** ------------------------Dated this the 10[th] day of April, 2025 ## **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 2[nd] 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 2[nd] 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. 6 W.P. (C) No. 11382 & 11385 of 2025 **==> picture [57 x 58] intentionally omitted <==** ``` 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 7 W.P. (C) No. 11382 & 11385 of 2025 **==> picture [57 x 58] intentionally omitted <==** ``` 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`** 8 W.P. (C) No. 11382 & 11385 of 2025 **==> picture [57 x 58] intentionally omitted <==** ``` 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`**