Kerala High Court
Salimkumar K S vs The Kerala State Road Transport ... on 3 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:9086
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947
WP(C) NO. 41865 OF 2025
PETITIONER:
SALIMKUMAR K S
AGED 65 YEARS
S/O.SREEDHARAN NAIR,
RESIDING AT KAINETH HOUSE,
KUTHUKUZHI.P.O,
RETD. CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
RETIRED ON 28.2.2016 FROM KOTHAMANGALAM DEPOT.,
PIN - 686691
BY ADV SRI.K.P.JUSTINE (KARIPAT)
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, THIRUVANANTHAPURAM
PIN - 695023
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION),
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
PIN - 695023
2026:KER:9086
WP(C) No.41865 of 2025
2
4 THE DEPUTY CHIEF ACCOUNTS OFFICER (P&A SECTION)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM.,
PIN - 695023
5 THE ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
ALUVA DEPOT, PIN - 683101
6 THE ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
KOTHAMANGALAM DEPOT., PIN - 686691
BY ADV.
SRI.AKHIL SURESH, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:9086
WP(C) No.41865 of 2025
3
JUDGMENT
Dated this the 3rd day of February, 2026 The petitioner is a retired Conductor of the Kerala State Road Transport Corporation. He joined the service of KSRTC as provisional Conductor on 02.01.1980 and was regularised on 06.09.2001.
2. The Government has issued Ext.P4 Order to regularise 699 Conductors and six Painters in the KSRTC who were recruited through Employment Exchange during 1978-1980 period. But, two batches of similarly situated Conductors happened to be excluded from Ext.P4. Later, they were also regularised and were granted seniority as on the date of Ext.P4, through Ext.P5 Government Order.
3. The petitioner is having 14 years of regular service as per Ext.P10 Pension Payment Order. As per Exts.P7 and P8 documents, the provisional Conductors of 2026:KER:9086 WP(C) No.41865 of 2025 4 KSRTC who joined service during the year 1979-1980 and regularised during the year 2001 are entitled for a grace period of five years for sanctioning grade promotion, considering their provisional service for 12 years or more. The petitioner was granted promotion as Selection Grade Conductor on 06.06.2012 granting the above mentioned benefit of five years considering his prior service for 12 years. Hence, it is to be presumed that the petitioner is having 12 years prior service. So he is having total qualifying service of 26 years for revised pension and other benefits, contends the petitioner.
4. This Court in K.L. Francis v. Kerala State Road Transport Corporation [2015 (1) KLT 1051 LB] held that the employees of KSRTC are entitled for reckoning their prior service for pension and other benefits, as mentioned in Clause XXXIII in the Pay Revision Agreement dated 13.04.1999. The KSRTC approached the Hon'ble Apex Court 2026:KER:9086 WP(C) No.41865 of 2025 5 against these judgments through Civil Appeal Nos.3161- 3165/2019.
5. In compliance with the directions issued by the Hon'ble Apex Court in these cases, the KSRTC issued a Scheme, namely Kerala State Road Transport Corporation Provisional Employees' Pension Scheme (KSRTC, PEPS), 2021. As per Ext.P12 Scheme, three groups of employees are entitled for reckoning their prior service for revising monthly pension and other benefits. As per paragraph 7(b) of Ext.P12, the petitioner is also entitled for revising his monthly pension and other benefits reckoning the prior service, since he is also granted the seniority of regularisation with effect from 05.03.2001. As per Exts.P13 and P14 judgments, this Court granted the above benefits to the petitioners therein, who are also similarly situated employees of the KSRTC.
6. Hence this writ petition is filed seeking for a direction to the 2nd respondent to revise the monthly pension 2026:KER:9086 WP(C) No.41865 of 2025 6 and other benefits of the petitioner, reckoning 12 years prior service with monetary benefits and grade promotion within a time frame as may be stipulated by this Court.
7. Standing Counsel representing the respondents submits that taking note of the orders / judgments of the Hon'ble Apex Court, the Kerala State Road Transport Corporation is reviewing the matter and the case of the petitioner for revision of pension based on the orders of the Court will be finalised taking note of all service records available. The Standing Counsel submits that this may take considerable time.
8. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.
9. It is evident from Ext.P11 that the Hon'ble Apex Court had passed orders in this regard as early on 02.03.2022 and a Scheme was framed as per Ext.P12 in the 2026:KER:9086 WP(C) No.41865 of 2025 7 year 2021. In that view of the matter, further delay in granting the petitioner eligible revision would put the petitioner to untold hardship.
In the facts and circumstances of the case, the writ petition is disposed of directing the respondents to consider the case of the petitioner for revision of pension in accordance with Ext.P12 and grant the benefit of Ext.P12 Scheme, if any, available to the petitioner, as expeditiously as possible and at any rate, within a period of two months.
Sd/-
N.NAGARESH JUDGE spk 2026:KER:9086 WP(C) No.41865 of 2025 8 APPENDIX OF WP(C) NO. 41865 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 6.7.1989 Exhibit P3 TRUE COPY OF PAGE NO.15 OF THE SERVICE BOOK OF THE PETITIONER Exhibit P4 TRUE COPY OF THE G.O.(M.S.) NO.9/2001/TRAN. DATED 5.3.2001 Exhibit P5 TRUE COPY OF THE G.O. VIDE NO.G.O. (M.S.) NO.27/2007/TRAN. DATED 28.6.2007 Exhibit P6 TRUE COPY OF PAGE NO.48 OF THE SERVICE BOOK Exhibit P7 TRUE COPY OF THE RELEVANT PORTION OF 2008 PAY REVISION AGREEMENT Exhibit P8 TRUE COPY OF MEMORANDUM NO.PL1- 7732/2009 DATED 16.2.2011 Exhibit P9 TRUE COPY OF PAGE NO.73 OF THE SERVICE BOOK Exhibit P10 TRUE COPY OF THE PENSION PAYMENT ORDER NO.52831 ISSUED TO THE PETITIONER Exhibit P11 TRUE COPY OF THE ORDER IN THE CIVIL APPEAL NOS.3161 - 3165/2019 DATED 9.3.2022 Exhibit P12 TRUE COPY OF THE 'KERALA STATE ROAD TRANSPORT CORPORATION PROVISIONAL EMPLOYEES PENSION SCHEME (KSRTC), PEPS', 2021.
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 9.6.2025 IN W.P.(C) NO.23739/2024 OF THIS HON'BLE COURT Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 10.10.2025 IN W.P.(C) NO.35431/2024 OF THIS HON'BLE COURT