R. Subalachandran vs State Of Kerala
2021 Latest Caselaw 12390 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE T.R.RAVI

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                      WP(C).No.11010 OF 2021(A)


PETITIONERS:

      1        R. SUBALACHANDRAN
               AGED 56 YEARS
               S/O.RAJAYAN,
               DRIVER GR.II (RETD),
               KSRTC, PARASSALA AND
               RESIDING AT ALATHARAVILAKOM VEEDU,
               ARAYOOR P.O., THIRUVANANTHAPURAM-695 122.

      2        A.HILBERT,
               AGED 59 YEARS
               S/O.ESWIN, DRIVER GR.II (RETD),
               KSRTC, PARASSALA AND
               RESIDING AT THOPPIL MELEPUTHEN VEEDU,
               VADAKARA, MARAYAMUTTOM P.O.,
               THIRUVANANTHAPURAM-695 124.

      3        JOHN.N.,
               AGED 60 YEARS
               S/O.NESAMONY NADAR, DRIVER GR.II (RETD),
               KSRTC, PARASSALA AND RESIDING AT
               KAITHAKUZHY, ARYANKODU P.O.,
               THIRUVANANTHAPURAM-695 125.

      4        M.ANILKUMAR,
               AGED 57 YEARS
               S/O.MADHAVAN PILLAI,
               CONDUCTOR GR.II (RETD),
               KSRTC, PARASSALA AND
               RESIDING AT KIZHAKK MARAMTHOTTAM KULATHOOR,
               UHAKKADA, KULATHOOR,
               THIRUVANANTHAPURAM-695 506.

      5        V.PRABHALAKUMAR,
               AGED 57 YEARS
               S/O.MOHANAN, CONDUCTOR GR.II (RETD),
               KSRTC, PARASSALA AND
               RESIDING AT PRABHALA SADANAM,
               MAPPANCODE, KOLLAYIL (VIA),
               THIRUVANANTHAPURAM-695 503.

               BY ADV. SRI.N.UNNIKRISHNAN
 WP(C).No.11010 OF 2021(A)

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RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
               TRANSPORT (A) DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        KERALA STATE ROAD TRANSPORT CORPORATION,
               TRANSPORT BHAVAN, FORT,
               THIRUVANANTHAPURAM-695 023,
               REPRESENTED BY THE CHAIRMAN AND
               MANAGING DIRECTOR.



               R1 BY SMT.MABLE. C. KURIAN, GP
               R2 BY SRI. T. P. SAJAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11010 OF 2021(A)

                                    3




                            JUDGMENT

Dated this the 11th day of May 2021

Admit. Government Pleader takes notice for the 1 st respondent.

Standing counsel takes notice for the 2nd respondent.

2. The writ petition has been filed praying that the petitioners are

entitled to count their provisional service prior to the regular service

for the purpose of pension and pensionary benefits. They are relying

on the decision of the Larger Bench in K.L.Francis Vs. KSRTC and

another [2015 (2) KHC (1)]

3. Heard. The counsel for the respondents submitted that the

judgment relied on by the petitioners has been challenged before the

Hon'ble Supreme Court and Special Leave Petitions are pending and

that the Apex Court has granted interim stay only in some of the

Special Leave Petitions that too against further proceedings in

contempt of Court cases. The petitioners also rely on Ext.P16

judgment of this Court in WP(C) No.22061/2019, wherein , this Court

had directed the 2nd respondent to take into account the provisional

service also for the purpose of pension. Considering the above

aspects, this writ petition is disposed of directing the 2 nd respondent to

take into account the provisional service prior to the regular service WP(C).No.11010 OF 2021(A)

while calculating the pension payable to the petitioners. It is made

clear that the above direction will be subject to the result of the

Special Leave Petitions filed by the respondents against the judgment

in K.L.Francis (supra). Necessary orders shall be passed within three

months from the date of receipt of a certified copy of this judgment.

The writ petition is disposed of as above.

Sd/-

T.R.RAVI

JUDGE

Sn WP(C).No.11010 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF CASH RECEIPT CH NO.09524 DATED 29.05.1996 ISSUED BY THE DTO, KSRTC, THIRUVANANTHAPURAM CITY.

EXHIBIT P2 A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 07.04.2012 ISSUED TO THE FIRST PETITIONER.

EXHIBIT P3 A TRUE COPY OF MEMORANDUM NO.E1/E2/232/2020/PSLA DATED 30.05.2020 IN RESPECT OF FIRST PETITIONER.

EXHIBIT P4 A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 07.04.2012 IN RESPECT OF 2ND PETITIONER.

EXHIBIT P5 A TRUE COPY OF PENSION PAYMENT ORDER NO.EX-

1379 DATED 06.07.2017 IN RESPECT OF THE SECOND PETITIONER.

EXHIBIT P6 A TRUE COPY OF MEMO NO.E2.0319/2000/PSLA DATED 11.04.2000 IN RESPECT OF THIRD PETITIONER ISSUED BY THE DTO, KSRTC, PARASSALA.

EXHIBIT P7 A TRUE COPY OF CASH RECEIPT CM NO.46521 DATED 16.11.1998 ISSUED TO THE THIRD PETITIONER.

EXHIBIT P8 A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 07.04.2012 ISSUED IN RESPECT OF THE THIRD PETITIONER.

EXHIBIT P9 A TRUE COPY OF MEMORANDUM NO.E1/2181/16/PSLA DATED 31.10.2016 IN RESPECT OF 3RD PETITIONER.

EXHIBIT P10 A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 07.04.2012 IN RESPECT OF 4TH PETITIONER.

EXHIBIT P11 A TRUE COPY OF PENSION PAYMENT ORDER NO.EX-

1991 DATED 19.08.2020 IN RESPECT OF FOURTH PETITIONER.

WP(C).No.11010 OF 2021(A)

EXHIBIT P12 A TRUE COPY OF LETTER NO.010/CMD/2019 DATED 08.06.2020 ISSUED TO THE FOURTH PETITIONER BY THE SECOND RESPONDENT.

EXHIBIT P13 A TRUE COPY OF PROFORMA DATED 04.02.2012 ISSUED BY THE ASSISTANT TRANSPORT OFFICER, KSRTC, PARASSALA IN RESPECT OF 5TH PETITIONER.

EXHIBIT P14 A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 07.04.2012 ISSUED TO THE 5TH PETITIONER.

EXHIBIT P15 A TRUE COPY OF LETTER NO.010/CMD/2019 DATED 08.06.2020 IN RESPECT OF FIFTH PETITIONER.

EXHIBIT P16 A TRUE COPY OF JUDGMENT DATED 22.08.2019 IN WPC NO.22061/2019 (J.SANALKUMARDAS VS. K.S.R.T.C. AND ANOTHER).

EXHIBIT P17 A TRUE COPY OF REPRESENTATION DATED 05.04.2021 FILED BY THE FIRST PETITIONER.

EXHIBIT P18 A TRUE COPY OF REPRESENTATION DATED 05.04.2021 FILED BY THE SECOND PETITIONER.

EXHIBIT P19 A TRUE COPY OF REPRESENTATION DATED 05.04.2021 FILED BY THE THIRD PETITIONER.

EXHIBIT P20 A TRUE COPY OF REPRESENTATION DATED 05.04.2021 FILED BY THE FIRST PETITIONER.

EXHIBIT P21 A TRUE COPY OF REPRESENTATION DATED 05.04.2021 FILED BY THE FIRST PETITIONER.

RESPONDENT'S/S EXHIBITS: NIL



                   //TRUE COPY//          PA TO JUDGE