Kerala High Court
G.Lakshmy Narayana Sharma vs The Kerala State Road Transport ... on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 31410 OF 2012
PETITIONER:
G.LAKSHMY NARAYANA SHARMA
S/O. GOPALAKRISHNAN POTTI D., L.N.VIHAR,
VENKULAM EDAVA P.O.,
THIRUVANANTHAPURAM DISTRICT-695 311.
BY ADVS.
SRI.P.GOPAL
SRI.B.MURALEEDHARAN
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR & CHAIRMAN,
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM- 695 023
2 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM- 695 023
3 THE DEPUTY CHIEF ACCOUNTS OFFICER (IA)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM- 695 023
4 THE DISTRICT TRANSPORT OFFICER
OFFICE OF THE KERALA ROAD TRANSPORT CORPORATION,
KOLLAM - 691 001
BY ADV SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC
SRI T P SAJAN SC KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31410 OF 2012
2
JUDGMENT
Challenge has been laid to communication/order dated
16.07.2012 (Ext.P3) whereby in pursuance to the directions
contained in the order dated 27.03.2012 rendered in W.P.
(C).No.6812/12 certain benefits were extended to the
petitioner by denying other claim benefits giving cause to file
the present writ petition.
2. Petitioner had entered into the service as Reserve
Driver in Kerala State Road Transport Corporation
(hereinafter called 'KSRTC') on 28.07.2000 and was given
promotion as Grade-II with effect from 28.07.2001. The
basic pay of the petitioner at the relevant point of time was
Rs.6650/-. Probation period was completed on 28.08.2003.
Thereafter petitioner was suspended for a period from
23.11.2005 to 25.11.2006. Appeal Ext.P1 dated 14.11.2006
was preferred which resulted into modification of the
imposition of the punishment ie., withholding of two
increments for a period of two years. The grievance of the
WP(C) NO. 31410 OF 2012
petitioner in the aforementioned writ petition was for fixation
of the pension and other permissible allowances as well as
for fixation of basic pay, for the petitioner on 11.10.2010
was promoted as grade-I. His basic pay was Rs.6870/-, he
claimed as Rs.7310/-. On acquiring the age of retirement,
superannuated on 31.03.2011. A representation Ext.P2 was
submitted resulting into directions of this Court in
W.P(C).6812/12.
3. Sri.P.Gopal, learned counsel appearing for the
petitioner submitted that the pith and substance of the
pleadings and the representation reveals that the option
exercised by the petitioner was under Rule 28A(b) of the
Kerala Service Rules ('KSR' for short) and not 28A(a) which
was inadvertently mentioned and this was brought to the
notice of the authority at the time of personal hearing. But
while rejecting the case in part, the respondents also
dissuade away from the provisions of 28A(b) for the simple
reason that petitioner for the period he remains suspended
has not been paid the salary and arrears. This Court during
WP(C) NO. 31410 OF 2012
the pendency of the writ petition passed an interim order
and against the claim of Rs.1,19,300/- arrears to the tune of
Rs.64,612 have been paid and balance Rs.54,721/- along
with the interest is due.
4. On the other hand, Sri.T.P.Sajan learned counsel
appearing on behalf of KSRTC supported the case on the
premise that all eligible leave salary arrears have been
disbursed and there is nothing outstanding towards the
petitioner. The service book of the petitioner was already
forwarded to Kollam for verification and in case any further
amount is due it will be released immediately.
5. I have heard the learned counsel for the parties and
appraised the paper book. The relevant portion of the
impugned order Ext.P3 dated 16.7.2012 reads as under:
"The Hon'ble Court vide its order dtd.27/03/2012
directed KSRTC to consider your representation after
affording an opportunity for personal hearing. As per the
order of the Hon'ble High Court personal hearing has been
conducted on 26/06/2012. The representation submitted by
you at the time of personal hearing has been examined in
WP(C) NO. 31410 OF 2012
detail with relevant records, rules in force and the
depositions made by you based on the cited order. Regarding
your requests in the representation, it is informed that.
1. The eligible arrear salary will be drawn and disbursed
from Kollam unit without further delay.
2. All the eligible pensionary benefits have already been
released.
3. Not eligible for any interest in this regard.
4. Your grade promotion as Driver 1st Grade has been
granted w.e.f. 11/10/2010 and pay fixed at Rs.7090/-
under rule 28A(a) KSR.
Your representation is disposed of accordingly."
6. Option form for fixation of pay under Rule 28A(a)
and (b) of Part 1 KSR placed on record reads as under:
"OPTION FORM
OPTION FOR FIXATION OFPAY UNDER RULE 28A PART I KSR
(a). Consequent upon my promotion as..............with effect
from ...........FN/AN, I hereby opt the fixation of pay under
Rule 28A, in the higher scale of pay of the promoted post,
with effect from the date of promotion, without any review
consequent on accrual of increment in the lower scale.
(b). consequent upon my promotion as........... with effect
from............FN/AN, I hereby opt the initial fixation of my
pay at the stage in the time scale of pay of the promoted
post next above my pay in the scale of pay of the lower post
on the date of promotion, and thereafter under Rule 28A in
WP(C) NO. 31410 OF 2012
the higher scale of pay of the promoted post based on the
pay in the lower post with effect from.......ie from the date of
accrual of next increment in the scale of pay of the lower
post.
Place
Date signature"
7. Petitioner had basically opted under Rule 28A(b)
instead of Rule 28A(a). From perusal of the impugned order
extracted above, respondents have also taken the aid of Rule
28A(a) ie., treating the option of the petitioner under
Rule28A(a) instead of Rule 28A(b). I am of the view that the
matter at the level of respondents required to be revisited by
considering the option of the petitioner under Section 28A(b)
instead of 28A(a). Respondents are to take into consideration
the amendment of KSR Part I Rule 28A and Rule 37(a) while
considering the case of the petitioner. Petitioner is directed to
submit a fresh representation along with the calculation to
the Managing Director, KSRTC, who himself or through any
person delegated shall take a call in accordance with law by
affording an opportunity of hearing and decide the case of the
WP(C) NO. 31410 OF 2012
petitioner as reflected in the representation in pursuance of
the direction of this Court. Let this exercise be taken either
virtually or through physical mode within a period of two
months from the receipt of the certified copy of the judgment
and in case the respondents find merit in the request of the
petitioner of pending dues as claimed, that shall be released
within a period of one month thereafter. If not received within
that time, petitioner shall be at liberty to assail the same in
accordance with law.
Writ petition disposed of accordingly.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C) NO. 31410 OF 2012
APPENDIX OF WP(C) 31410/2012
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE ORDER OF THE MANAGING
DIRECTOR OF THE KERALA STATE ROAD
TRANSPORT CORPORATION DATED 14-11-2006
EXHIBIT-P2 TRUE COPY OF THE REPRESENTATION DATED
17-12-2011 ALONG IWTH THE STATEMENT
SUBMITTED BY THE PETITIONER BEFORE THE
MANAGING DIRECTOR OF THE CORPORATION
EXHIBIT-P3 TRUE COPY OF THE LETTER OF TEH MANAGING
DIRECTOR OF THE CORPORATION DATED 16-
07-2012
EXHIBIT-P4 TRUE COPY OF THE LETTER DATED
24.09.2012 SENT BY THE PETITIONER TO
THE 4TH RESPONDENT ALONG THE
ACKNOWLEDGEMENT CARD
