Kerala High Court
R.Sureshkumar vs State Of Kerala on 8 February, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY,THE 18TH DAY OF JULY2016/27TH ASHADHA, 1938
WP(C).No. 23739 of 2016 (N)
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PETITIONER(S):
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1. R.SURESHKUMAR
S/O.K.RADHAKRISHNAN, AGED 40 YEARS,
CONDUCTOR GRADE II, KSRTC, PUNALUR AND
RESIDING AT SUMA VILASAM, KOTTAVATTOM PO,
ELAMBAL (VIA), KOLLAM 691322
2. G.MANOJ KUMAR
S/O.N.GOPALAN NAIR, AGED 41 YEARS,
CONDUCTOR GRADE II, KSRTC PUNALUR
AND RESIDING AT MANOJ BHAVAN, KOTTAVATTOM PO,
ELAMBAL (VIA), KOLLAM 691322
3. V.REGHU ACHARY
S/O.VASUDEVAN ACHARI, AGED 51 YEARS,
CONDUCTOR GRADE II, KSRTC ARYANKAVU (PUNALUR) DEPOT,
AND RESIDING AT MOHANAVILASAM, KOTTAVATTOM PO,
ELAMBAL (VIA), KOLLAM 691322
4. T.ANIYAN
S/O.THANKAPPAN, AGED 42 YEARS,
CONDUCTOR GRADE II, KSRTC PUNALUR
AND RESIDING AT REJI BHAVAN, CHAKKUVARAKKAL-
PO, VETTIKKAVALA, KOLLAM 691508
5. R.GIRIRSH KUMAR
S/O.M.RAMACHANDRAN, AGED 42 YEARS,
CONDUCTOR GRADE II, KSRTC PUNALUR
AND RESIDING AT KARTHIKALAYAM, AGASTHYACODU,
ANCHAL PO, PUNALUR TALUK, KOLLAM DISTRICT, 691306
6. P.A.BABY JOHN
S/O.P.K.AGUSTIAN, AGED 54 YEARS,
CONDUCTOR GRADE II, KSRTC CHADAYAMANGALAM DEPOT
AND RESIDING AT PUTHUKKATTIL HOUSE,
THADIKKAD PO, ANCHAL, KOLLAM DISTRICT,691306
WP(C).No. 23739 of 2016 (N)
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7. M.R. VISWAMOHANAN
S/O.M.RAMAKRISHNAN, AGED 50 YEARS,
CONDUCTOR GRADE II, KSRTC ARYANKAVU (PUNALUR DEPOT),
AND RESIDING AT THUSHARAM (MARUTHIVILA),
BLOCK NO. 17, ANDOORPACHA,
URUKUNNU PO, PUNALUR, TALUK KOLLAM 681307
8. R.SHAJI
S/O.K.RAVEENDRAN, AGED 56 YEARS,
CONDUCTOR GRADE II, KSRTC THIRUVANANTHAPURAM CENTRAL
DEPOT AND RESIDING AT SHAJI MANDIRAM,
NETTAYAM, NEDIYARA PO, ANCHAL, PUNALUR TALUK,
KOLLAM 691306
9. M.R JIJI KUMAR
S/O.MRITHUNJAYARAGHAVAN, AGED 44 YEARS,
CONDUCTOR GRADE II, KSRTC PUNALUR
AND RESIDING AT KAMALA BHAVAN, EROOR PO,
ANCHAL, KOLLAM 691312
10. N.JAYAKUMAR
S/O.G.NANU, AGED 48 YEARS,
CONDUCTOR GRADE II, KSRTC KONNI UNIT
(PATHANAPURAM DEPOT), AND RESIDING AT
THEKKEMELOOTTU VEEDU,
PADINJATTINKARA, ETC PO, KOTTARAKKARA,
KOLLAM
BY ADVS.SRI.N.UNNIKRISHNAN
SRI.PAULACHAN IYPE
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
TRANSPORT (A) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001
2. KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, FORT, THIRUVNANATHAPURAM 695023,
REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR
R1 BY SR.GOVERNMENT PLEADER SRIV.VIJULAL
R2 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-07-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23739 of 2016 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 ATRUE COPY OF PROFORMA OF 2ND PETITIONER DATED 08.02.2012
ISSUED BY THE ATO KSRTC, PUNALUR
EXHIBIT P2 ATRUE COPY OF THE CASH RECEIPT NO. CH 47801 DATED 20.05.1994
EXHIBIT P3 ATRUE COPY OF PROFORMA OF 4TH PETITIONER DATED 08.02.2012
ISSUED BY THE ATO KSRTC, PUNALUR
EXHIBIT P4 ATRUE COPY OF PROFORMA OF 7TH PETITIONER DATED 10.02.2012
ISSUED BY THE ATO KSRTC, PUNALUR
EXHIBIT P5 ATRUE COPY OF PROFORMA OF 10TH PETITIONER DATED 07.02.2012
ISSUED BY THE ATO KSRTC, PUNALUR
EXHIBIT P6 ATRUE COPY OF MEMORANDUM NO. PL. 12/025739/2008 DATED
07.04.2012 ISSUED TO THE FIRST PETITIONER
EXHIBIT P7 ATRUE COPY OF THE MEMORANDUM NO. E2/52/12/PLR DATED
16.04.2012
EXHIBIT P8 ATRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED
07.04.2012 ISSUED TO THE 2ND PETITIONER
EXHIBIT P9 ATRUE COPY OF THE MEMORANDUM NO. E2/52/12/PLR DATED
16.04.2012
EXHIBIT P10 ATRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED
07.04.2012 ISSUED TO THE 3RD PETITIONER
EXHIBIT P11 ATRUE COPY OF THE MEMORANDUM NO. E2/52/12/PLR DATED
16.04.2012
EXHIBIT P12 ATRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED
07.04.2012 ISSUED TO THE 3RD PETITIONER
EXHIBIT P13 ATRUE COPY OF THE MEMORANDUM NO. E2/362/12/PLR DATED
14.11.2012
EXHIBIT P14 ATRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2009 DATED
07.04.2010 ISSUED TO THE 5TH PETITIONER
EXHIBIT P15 ATRUE COPY OF THE MEMORANDUM NO. E2/52/12/ PLR DATED
16.4.2012
EXHIBIT P16 ATRUE COPY OF THE MEMORANDUM NO. E2/1044/12/CDLM DATED
17.04.2012 ISSUED TO THE 6TH PETITIONER
EXHIBIT P17 ATRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED
07.04.2012 ISSUED TO THE 7TH PETITIONER
WP(C).No. 23739 of 2016 (N)
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EXHIBIT P18 ATRUE COPY OF THE MEMORANDUM NO. E2/362/12/PLR DATED
14.11.2012
EXHIBIT P19 ATRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED
07.04.2012 ISSUED TO THE 8TH PETITIONER
EXHIBIT P20 ATRUE COPY OF THE MEMORANDUM NO. E2/52/12/PLR DATED
16.04.2012
EXHIBIT P21 ATRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED
07.04.2012 ISSUE TO THE 9TH PETITIONER
EXFHIBIT P22 ATRUE COPY OF THE MEMORANDUM NO. E2/52/12/PLR DATED
16.04.2012
EXHIBIT P23 ATRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED
07.04.2012 ISSUED TO THE 10TH PETITIONER
EXHIBIT P24 ATRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE
1ST PETITIONER
EXHIBIT P25 ATRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE
2ND PETITIONER
EXHIBIT P26 ATRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE
3RD PETITIONER
EXHIBIT P27 ATRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE
4TH PETITIONER
EXHIBIT P28 ATRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE
5TH PETITIONER
EXHIBIT P29 ATRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE
6TH PETITIONER
EXHIBIT P30 ATRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE
7TH PETITIONER
EXHIBIT P31 ATRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE
8TH PETITIONER
EXHIBIT P32 ATRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE
9TH PETITIONER
EXHIBIT P33 ATRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE
10TH PETITIONER
EXHIBIT P34 ATRUE COPY OF JUDGMENT DATED 03.08.2015 IN WPC.NO.
23289/2015 (I) (S.SADASIVAN AND OTHERS VS. STATE OF KERALA, AND ANOTHER)
EXHIBIT P36 ATRUE COPY OF THE JUDGMENT DATED 08.04.2016 IN CO (C) NO.
485/2016 IN WPC.NO. 23289/2015 (S.SADASIVAN AND OTHERS VS. SHRI ANTONY
CHACKO)
WP(C).No. 23739 of 2016 (N)
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RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
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W.P.(C). No. 23739 of 2016
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Dated this the 18th day of July, 2016
JUDGMENT
This writ petition is filed by petitioners seeking direction to the respondent Corporation to count the provisional service followed by regular service rendered by the petitioners for calculating pension and pensionary benefits and for other related reliefs.
2. The prime contention put forth by the petitioners is that, the issue with respect to counting of provisional service is covered by Exts.P34 and P36 judgments rendered by this Court. So also it is contended that, the issue is also covered by the Larger Bench judgment of this Court in Francis v. Kerala State Road Transport Corporation, Thiruvananthapuram and another [2015(1) KLT 1051(LB)]. It is in this background this writ petition is filed.
W.P.(C). No. 23739 of 2016 2
3. Heard learned counsel for petitioners, learned Government Pleader and learned Standing counsel for Corporation.
4. Learned counsel for petitioners reiterated the contentions raised in the writ petition.
5. Learned Standing Counsel for the Corporation also endorsed the claim raised by petitioners with respect to the calculation of provisional service for quantifying pension and pensionary benefits. However, it is submitted that, challenging the Larger Bench judgment referred (supra) the Corporation has preferred Special Leave Petition before the Apex Court and the same is pending consideration. Therefore, orders if any passed may subject to the result of the Special Leave Petition.
6. Having evaluated the fact situations and reckoning the law laid down by this Court on the issue, W.P.(C). No. 23739 of 2016 3 I am satisfied that a direction can be issued to the second respondent, taking into account the provisional service rendered by petitioners prior to their regularisation also for quantifying pension and pensionary benefits. The order passed accordingly will be subject to the result of the Special Leave Petition said to be pending before the Apex Court challenging Larger Bench judgment of this Court.
7. Needless to say, decision shall be taken within two months from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE dlk/18/7/