W.P. (C) No. 11382 & 11385 of 2025

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: D. K. Singh
Judgment Date: 2025-04-10
Court Decision / Holding: The writ petitions are disposed of with a direction to the KSRTC to pay the arrears of salary, pension etc. to the petitioners within six months, with the first installment payable on or before 15.05.2025 and the remaining five installments on or before the fifteenth day of each succeeding month thereafter.
Final Disposition: Petitions disposed of with directions to pay arrears within six months.

Parties to the Case

Appellants / Petitioners

RAJAN CHOYIKKANDY
JANARDHANAN P.

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.

Legal Representation & Advocates

Counsels for Petitioners

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

Counsels for Respondents

• Deepu Thankan - SC

Case Synopsis & Summary

Two writ petitions were filed by retired employees of the Kerala State Road Transport Corporation seeking mandamus and other directions to sanction and disburse monetary benefits due under a government order (P6), including arrears of salary, revised pay, pension and pensionary benefits. The petitioners—Rajan Choyikkandy and Janardhanan P.—asserted entitlement to timely payment of arrears and pensionary dues, and sought dispensation with English translations of vernacular documents. The KSRTC, in its counter, stated that it would pay the benefits within eight months in equal monthly installments. The High Court, before adjourning, directed the corporation to pay the arrears within six months, with the first installment on or before 15.05.2025 and subsequent installments by the 15th of each following month. The judgment references Appendix material comprising exhibits and prior orders/judgments (examples: Exhibits P1–P6) to support relief, but does not embark on a detailed analysis of those authorities. The bench of D. K. Singh, J. emphasizes the petitioners’ retirement status and the need to ensure prompt disbursement of arrears and pension, balancing the corporation’s financial timetable with the obligation to pay pensionary benefits. The result is a pragmatic disposition ensuring timely payment within a six‑month window.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners sought mandamus and related directions to sanction and disburse monetary benefits due under the P6 order, including arrears of salary, arrears after pay revision, and pension and pensionary benefits. They also sought waiver of English translations of vernacular documents and urged timely relief for retired KSRTC employees, supported by Appendix exhibits and prior judgments.

Contentions of Respondents

The KSRTC, in its counter, stated it would pay the benefits within eight months in equal installments, indicating a structured timetable for disbursement of arrears and pension within a defined period.

Cited Precedents (4)

Case Name	Citation	Treatment	Explanation
W.P.(C) 6753/2016	W.P.(C) 6753/2016	Mentioned Only	Exhibit P4 (Appendix) references this judgment; no discussion in the judgment's reasoning.
W.A. 2317/2017	W.A. No. 2317/2017	Mentioned Only	Exhibit P5 (Appendix) references this judgment; no analysis in the decision.
W.P.(C) 14179/2016	W.P.(C) No. 14179/2016	Mentioned Only	Exhibit P4 (Appendix) for WP(C) 14179/2016; cited as authority but not discussed.
W.A. 2324/2017	W.A. No. 2324/2017	Mentioned Only	Exhibit P5 (Appendix) for this appeal; referenced but not analyzed.

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`**