G. Raveendran Nair vs State Of Kerala
2021 Latest Caselaw 22328 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 24548 OF 2021
PETITIONERS:

    1     G. RAVEENDRAN NAIR
          AGED 62 YEARS
          S/O. GOPALA PILLAI,
          DRIVER GR.II, RETD., KSRTC,
          KAYAMKULAM DEPOT,
          ALAPPUZHA DISTRICT AND RESIDING AT RAJA BHAVANAM,
          KAIYALARUVILA, PERAYAM,
          MULAVANA P.O, KUNDRA,
          KOLLAM DISTRICT,
          PIN - 691 503. (MOB: 904835800)
    2     K.P. RAJENDRA PRASAD
          AGED 57 YEARS
          S/O. PEETHAMBARAN,
          DRIVER GR.II, (RETD.), KSRTC,
          KAYAMKULAM DEPOT,
          ALAPPUZHA DISTRICT AND RESIDING AT KARUNALAYAM,
          KAYAMKULAM P. O,
          ALPPUZHA - 690 502. (MOB: 9961322975)
    3     D. CHANDRA BABU
          AGED 57 YEARS
          S/O. DIVAKARAN, DRIVER GR.II (RETD),
          KSRTC,
          KAYAMKULAM DEPOT,
          ALAPPUZHA DISTRICT AND RESIDING NOW AT
          KOLEDATHUPADITTATHIL,
          ERUVA WEST,
          KARELAKULANGARA P. O,
          KAYAMKULAM,
          ALAPPUZHA DISTRICT - 690 572. (MOB: 9544025687)

          BY ADV SRI. N. UNNIKRISHNAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
          GOVERNMENT,
          TRANSPORT (A) DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
 WP(C).No.24548 OF 2021

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

          SRI. JIMMY GEORGE - GP
          SRI. DEEPU THANKAN - SC, KSRTC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24548 OF 2021

                                 3




                            JUDGMENT

The petitioners were drivers in the service of the

KSRTC. They have now retired from service. Before they

entered the regular service of the KSRTC they had worked

as provisional drivers in KSRTC. The grievance of the

petitioners is that, for the purpose of pensionary benefits,

their provisional service is not counted along with the

regular service. They have relied on the judgment of the

Larger Bench in K.L Francis Vs. KSRTC and another

[2015 (2) KHC 1], wherein the Larger Bench of this Court

has held that the provisional service of the

Conductors/Drivers in KSRTC can be counted along with the

regular service for the purpose of pensionary benefits.

2. The learned Standing Counsel for the KSRTC

submits that the judgment in K.L Francis's case (supra) is

under challenge before the Hon'ble Supreme Court. The

petitioner has relied on Ext.P15 judgment of this Court WP(C).No.24548 OF 2021

wherein, this Court has directed the Corporation to reckon

the provisional service of the petitioners therein along with

their regular service for the purpose of pensionary benefits,

subject to the final outcome of the Special Leave Petition

filed by the KSRTC against the judgment in K.L Francis's

case (supra).

3. The petitioners have preferred Exts.P12, P13 and

P14 representations before the 2nd respondent requesting

the 2nd respondent to consider the provisional service

rendered by them in KSRTC along with their regular service

for the purpose of pensionary benefits and to disburse the

said benefits.

4. Heard the learned counsel for the petitioners and

the learned Standing Counsel for KSRTC.

In the facts and circumstances of the case, there will

be direction directing the 2nd respondent to consider

Exts.P12, P13 and P14 representations submitted by the

petitioners in the light of the judgment in K.L. Francis's

case (supra) and the judgment dated 11.05.2021 in

W.P(C) No.11010 of 2021, within a period of two months WP(C).No.24548 OF 2021

from the date of receipt of a copy of the judgment.

The writ petition is disposed of with the above

directions.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.24548 OF 2021

APPENDIX PETITIONERS'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF CASH RECEIPT CM.NO.55129 DATED 13.08.1997 ISSUED TO THE SECOND PETITIONER.

EXHIBIT P2 A TRUE COPY OF MEMO NO.P2.2109/97/KYLM DATED 15.05.1997 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC, KAYAMKULAM TO THE THIRD PETITIONER. EXHIBIT P3 A TRUE COPY OF CASH RECEIPT CM NO.15283 DATED 12.05.1997 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC, KAYAMKULAM TO THE THIRD PETITIONER. EXHIBIT P4 A TRUE COPY OF MEMORANDUM NO.P2-

2198/99/KYLM DATED 14.05.1999 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC, KAYAMKULAM ISSUED TO THE THIRD PETITIONER.

EXHIBIT P5 A TRUE COPY OF MEMORANDUM NO.

PL12/025739/2008 DATED 08.02.2013 ISSUED TO THE FIRST PETITIONER. EXHIBIT P6 A TRUE COPY OF P.P.O.NO.1227 IN RESPECT OF FIRST PETITIONER.

EXHIBIT P7 A TRUE COPY OF MEMORANDUM NO.PL.12/025739/2008 DATED 08.02.2013 IN RESPECT OF SECOND PETITIONER. EXHIBIT P8 A TRUE COPY OF PENSION PAYMENT ORDER NO.55564 IN RESPECT OF SECOND PETITIONER.

EXHIBIT P9 A TRUE COPY OF MEMO NO.E2/127/6/12/KYM DATED 17.04.2012 WAS ISSUED BY THE ASSISTANT TRANSPORT OFFICER, KSRTC, KAYAMKULAM ISSUED IN RESPECT OF THIRD PETITIONER.

EXHIBIT P10 A TRUE COPY OF MEMORANDUM NO.E1/585/19/KYM DATED 27.05.2020 ISSUED TO THE THIRD PETITIONER BY THE ASSISTANT TRANSPORT OFFICER, KSRTC, KAYAMKULAM.

WP(C).No.24548 OF 2021

EXHIBIT P11 A TRUE COPY OF P.P.O. NO.EXG.2090 IN RESPECT OF 3RD PETITIONER.

EXHIBIT P12 A TRUE COPY OF REPRESENTATIONS DATED 23.10.2021 SUBMITTED BY THE FIRST PETITIONER.

EXHIBIT P13 A TRUE COPY OF REPRESENTATIONS DATED 23.10.2021 SUBMITTED BY THE SECOND PETITIONER.

EXHIBIT P14 A TRUE COPY OF REPRESENTATIONS DATED 23.10.2021 SUBMITTED BY THE THIRD PETITIONER.

EXHIBIT P15 A TRUE COPY OF JUDGMENT DATED 11.05.2021 IN WPC NO.11010/2021 (A) (R.SUBALACHANDRAN & OTHERS VS. STATE OF KERALA AND ANOTHER).

RESPONDENTS'S EXHIBITS:- NIL.