BADARUDEEN Vs. KSRTC

JUDGEMENT

(1.) Heard Mr. P. B. Suresh Kumar for the appellant and Mr. V. Bhaskara Menon for the respondents.

(2.) The above appeal is directed against the Judgment of the learned Single Judge in O. P. 10422 of 1997 dated 27th February 1997 dismissing the Original Petition filed by the appellant herein for a mandamus directing the respondents to disburse the death cum retirement benefit due to the appellant, with interest at 18 per cent per annum.

(3.) The appellant was a driver in the service of the first respondent Kerala State Road Transport Corporation (hereinafter referred to as 'the Corporation'). He retired from service on 31st May 1994. According to the appellant, even after three years of his retirement, he was not disbursed his death cum retirement gratuity and that the same was withheld by the respondent for the reason that the Corporation sustained some loss in connection with a motor accident involving a vehicle owned by the Corporation and driven by the appellant. Learned counsel for the appellant submitted that no liability, whatsoever, has been fixed by the Corporation against the appellant either before or after his retirement, and that he was never charge sheeted by the Corporation for any misconduct, whatsoever; nor has any departmental proceedings been initiated against him by the Corporation at any point of time. The appellant also submitted that the maximum time prescribed for recovery of liability, if any, of the appellant to the Corporation was also over. The appellant made several representations to the 2nd respondent requesting him to take appropriate action in the matter of disbursing his gratuity, but none of the representations have been considered by the 2nd respondent. The appellant, therefore, filed the Original Petition seeking appropriate direction to the respondents to disburse the death cum retirement gratuity due to him with interest.