Kerala High Court
M.N.Sadanandan vs State Of Kerala on 7 April, 2012
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937
WP(C).No. 21433 of 2015 (D)
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PETITIONER(S):
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M.N.SADANANDAN, AGED 58 YEARS
S/O.N.NANU, MECHANIC GRADE II
KSRTC, PATHANAMTHITTA AND RESIDING AT
MYLADUPARA VEEDU, ARUVAPPULAM P.O., KONNI
PATHANAMTHITTA - 689 691.
BY ADVS.SRI.N.UNNIKRISHNAN
SRI.PAULACHAN IYPE
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO GOVERNMENT, TRANSPORT (A) DEPARTMENT,
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM - 695 001.
2. THE CHAIRMAN & MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, FORT
THIRUVANANTHAPURAM - 695 023.
3. THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION
PATHANAMTHITTA - 689 645.
R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.
R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) No.21433 OF 2015
PETITIONER(S) EXHIBITS
EXHIBIT P1 : A TRUE COPY OF MEMORANDUM NO.PL.12/025739/2008 DATED
7.4.2012
EXHIBIT P2 : A TRUE COPY OF MEMORANDUM NO.E2/1062/12/PTA DATED
11.4.2012
EXHIBIT P3 : A TRUE COPY OF MEMO NO.E1/8355/2013/PTA DATED
10.10.2013
EXHIBIT P4 : A TRUE COPY OF ORDER NO.PA 12/040813/13 DATED
22.1.2014
EXHIBIT P5 : A TRUE COPY OF P.P.O NO.EXG.1070
EXHIBIT P6 : A TRUE COPY OF REPRESENTATION DATED 4.7.2015
EXHIBIT P7 : A TRUE COPY OF JUDGMENT DATED 29.6.2015 IN WP(C)
NO.19356/2015 (MP.PRAKASAN & OTHERS V. STATE OF
KERALA AND OTHERS)
RESPONDENT(S) EXHIBITS
NIL.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
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W.P (C) No.21433 of 2015
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Dated this the 16th day of July, 2015
J U D G M E N T
The issue is covered by the common judgment dated 20.2.2015 by the Larger Bench of this Court in K.L.Francis v. Kerala State Road Transport Corporation and Others. Therefore the provisional services put in by the petitioner prior to his regular appointment on the advice of the Kerala Public Service Commission is liabile to be reckoned for pension. It is declared that the said dictum covers the case of the petitioner also to whom the benefits of the Larger Bench decision of this Court shall be extended.
2. The second respondent submits that a Special Leave Petition is being 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 this Court as regards the petitioner would also be subject to the modification if any by the Supreme Court in the Special Leave Petition ofcourse to be filed. The respondents are directed to do the needful in the case of the petitioner within a period W.P(C) No.21433 of 2015 2 of three months from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of.
Sd/-
V.CHITAMBARESH, Judge.
nj.