Kerala High Court
Prasanna Kumar V vs State Of Kerala on 7 February, 2012
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 20TH DAY OFAUGUST 2015/29TH SRAVANA, 1937
WP(C).No. 25506 of 2015 (K)
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PETITIONERS:
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1. PRASANNA KUMAR V.,AGED 58 YEARS
S/O. VIVEKANANDAN S, CONDUCTOR GRADE II (RETD.)
KSRTC, KATTAKADA AND RESIDING ATVAZHAPPALLY,
THOTTARIKKATHU VEEDU, KUTTICHAL P.O.,
THIRUVANANTHAPURAM DISTRICT.
2. P.YESUDASAN, AGED 58 YEARS
S/O. K. PONNAN NADAR, CONDUCTOR GRADE II (RETD.)
KSRTC, VELLANAD (ARYANAD) AND RESIDING ATNIRAPPUVILA
PUTHENVEEDU, PANNIYODE P.O., THIRUVANANTHAPURAM
3. S. HARIKUMAR, AGED 58 YEARS
S/O. K. SIVASANKARAN NAIR,
CONDUCTOR GRADE II (RETD.)
KSRTC, KATTAKKADA AND RESIDING ATKRISHNAVILASAM
ANTHIYOORKONAM, KOLLODU P.O.,
MALAYINKEZHU, THIRUVANANTHAPURAM DISTRICT
4. B. RADHAKRISHNAN NAMBIAR, AGED 59 YEARS
S/O. BHASKARAN NAMBIAR, CONDUCTOR GRADE II (RETD.)
KSRTC, KOTTARAKKARA AND RESIDING AT PUTHUSSERI
MADOM, EDAKKIDOM P.O.,KOTTARAKKARA TALUK, KOLLAM
DISTRICT 691505
5. N. CHANDRASEKHARAN NAIR, AGED 59 YEARS
S/O. NEELAKANTAN PILLA, CONDUCTOR GRADE II (RETD.)
KSRTC, CITY DEPOT THIRUVANANTHAPURAM AND RESIDING AT
CHANDRODAYAM, IRINCHAYAM P.O., NEDUMANGAD
THIRUVANANTHAPURAM - 695 561
6. A SASIKUMAR, AGED 57 YEARS
S/O. APPU NADAR, CONDUCTOR GRADE II (RETD.)
KSRTC, PAPPANAMCODE, THIRUVANANTHAPURAM DISTRICT
RESIDING AT MORIAHMOUNT, EDACODU, NEMAM P.O.,
THIRUVANANTHAPURAM - 695 020
WP(C).No. 25506 of 2015 (K)
7. G. SATHEESAN, AGED 58 YEARS,
S/O. K. GANGADHARAN,
CONDUCTOR GRADE II (RETD.)
KSRTC, PERURKADA, THIRUVANANTHAPURAM
RESIDING AT SREE SANGAMAM, EDAYILAKONAM
MANNANTHALA, THIRUVANANTHAPURAM
8. P.VENUGOPALAN NAIR, AGED 59 YEARS
S/O. PADMANABHAN NAIR P.
CONDUCTOR GRADE II (RETD.)
KSRTC, PAPPANAMCODE, THIRUVANANTHAPURAM CENTRAL
RESIDING AT SREEKUMAR SADANAM, VAILOORKONAM
PALLICHAL P.O.,
THIRUVANANTHAPURAM 695 020
BY ADV. SRI.N.UNNIKRISHNAN
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
TRANSPORT (A) DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM - 695 001
2. THE CHAIRMAN & MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT,THIRUVANANTHAPURAM - 695 023
R1 BY GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN
R2 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20-08-2015, THE COURT ON THE SAME DAYDELIVERED THE
FOLLOWING:
DCS
WP(C).No. 25506 of 2015 (K)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT. P1: COPY OF PROFORMA DATED 07.02.2012 ISSUED TO THE FIRST
PETITIONER
EXT. P2: COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07.04.2012
ISSUED TO FIRST PETITIONER
EXT. P3: COPY OF SCHEDULE ISSUED BY THE UNIT OFFICE TO 2ND
PETITIONER
EXT. P4: COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07.04.2012
ISSUED TO SECOND PETITIONER
EXT.P5: COPY OF CERTIFICATE NO. PL1-5048/97/KTDA DATED 05.01.1998
ISSUED TO THIRD PETITIONER
EXT. P6: COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07.04.2012
ISSUED TO THIRD PETITIONER
EXT. P7: COPY OF LETTER NO. GL3/PIO NO. 1655/15/KTR DATED 7.4.2015
ISSUED TO 4TH PETITIONER
EXT. P8: COPY OF CASH RECEIPT CG NO. 15035 DATED 29.06.1993 ISSUED TO
THE FIFTH PETITIONER
EXT. P9: COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07.04.2012
ISSUED TO FIFTH PETITIONER
EXT. P10: COPY OF CASH RECEIPT CH NO. 28818 DATED 23.10.1993 ISSUED TO
THE SIXTH PETITIONER
EXT. P11: COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07.04.2012
ISSUED TO SIXTH PETITIONER
EXT. P12: COPY OF PROFORMA DATED 06.02.2012 ISSUED TO THE 7TH
PETITIONER
EXT. P13: COPY OF MEMO NO. E2/1373/12/PKDA DATED 20.04.2012 ISSUED TO
THE 7TH PETITIONER
EXT. P14: COPY OF CASH RECEIPT CF NO. 72032 DATED 25.08.1992 ISSUED TO
8TH PETITIONER
EXT. P15: COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07.04.2012
ISSUED TO EIGHTH PETITIONER
EXT. P16: COPY OF REPRESENTATION DATED 26.07.2015 SUBMITTED BY THE
1ST PETITIONER WITHOUT ANNEXURES.
WP(C).No. 25506 of 2015 (K)
EXT. P17: COPY OF REPRESENTATION DATED 26.07.2015 SUBMITTED BY THE
2ND PETITIONER WITHOUT ANNEXURES.
EXT. P18: COPY OF REPRESENTATION DATED 26.07.2015 SUBMITTED BY THE
3RD PETITIONER WITHOUT ANNEXURES.
EXT. P19: COPY OF REPRESENTATION DATED 02.05.2015 SUBMITTED BY THE
4TH PETITIONER WITHOUT ANNEXURES.
EXT. P20: COPY OF REPRESENTATION DATED 02.05.2015 SUBMITTED BY THE
5TH PETITIONER WITHOUT ANNEXURES.
EXT. P21: COPY OF REPRESENTATION DATED 08.08.2015 SUBMITTED BY THE
6TH PETITIONER WITHOUT ANNEXURES.
EXT. P22: COPY OF REPRESENTATION DATED 08.08.2015 SUBMITTED BY THE
7TH PETITIONER WITHOUT ANNEXURES.
EXT. P23: COPY OF REPRESENTATION DATED 31.05.2012 SUBMITTED BY THE
8TH PETITIONER WITHOUT ANNEXURES.
EXT. P24: COPY OF JUDGMENT DATED 14.07.2015 IN W.P.(C). NO. 21108/2015
(K)
RESPONDENT'S EXHIBITS:-NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
V.CHITAMBARESH, J.
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W.P (C) No.25506 of 2015
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Dated this the 20th day of August, 2015
J U D G M E N T
The issue is covered by the common judgment dated 20.02.2015 by the Larger Bench of this Court in K.L. Francis v. Kerala State Road Transport Corporation and Others [2015 (1) KLT 1051 (LB)]. Therefore the provisional services put in by the petitioners prior to their regular appointment on the advice of the Kerala Public Service Commission is liable to be reckoned for pension. It is declared that the said dictum covers the case of the petitioners also to whom the benefits of the Larger Bench decision of this Court shall be extended.
2. The respondents submit that a Special Leave Petition is filed against the common judgment of the Larger Bench before the Supreme Court and that orders are awaited. I make it clear that the implementation of the judgment of the Larger Bench of WP(C)No.25506/2015 2 this Court as regards the petitioners would also be subject to the modification if any by the Supreme Court in the Special Leave Petition filed. The respondents are directed to do the needful in the case of the petitioners within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of.
V.CHITAMBARESH, JUDGE.
DCS.