Mohammedali. P.A vs State Of Kerala
2021 Latest Caselaw 21090 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
    WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                       WP(C) NO. 18251 OF 2021
PETITIONER:

          MOHAMMEDALI. P.A,
          AGED 56 YEARS
          S/O. ADIMU, CONDUCTOR GR. II (RETD), KSRTC,
          PONNANI DEPOT AND RESIDING AT PALAPPETTIKKARAN VEEDU,
          PALAPPETTI P.O. MALAPPURAM DISTRICT 679 579.

          BY ADV N.UNNIKRISHNAN


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL 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.



          GP SRI JIMMY GEORGE , SRI DEEPU THANKAN SC KSRTC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18251 OF 2021
                                  2


                           JUDGMENT

Petitioner, aged 56 years, employee of KSRTC are before

this Court under Article 226 of the Constitution of India, for

vindication of his grievance regarding counting of provisional

service followed by regular service for the purpose of pension and

retirement benefits. It is contended that petitioner joined on

05.06.2000 as provisional conductor through Employment

Exchange. In view of the judgment of Larger Bench of this Court

in K.L.Francis Vs. KSRTC and another (2015(2) KHC (1),

provisional service from 05.06.2000 to 21.12.2011 needs to be

counted along with regular service from 22.12.2011 to the date

of retirement aforementioned judgment has also been followed

by the Single Bench of this Court in judgment dated 11.05.2021

in Writ Petition (C) No.11010/2021. Representation Ext.P6 in this

regard have been submitted, but no action has been taken. It is

contended that petitioner would be satisfied if the writ petition is

disposed of in terms of the above judgment.

2. Mr.Deepu Thankan, on behalf of the KSRTC, submitted

that the case as put up by the petitioner in the writ petition or WP(C) NO. 18251 OF 2021

representation is not covered by the decision of the Larger Bench.

3. I have heard counsel for the parties and appraised the

paper books.

Be that as it may. Instead of pondering over the issue with

regard to the applicability of the ratio culled out in the judgment,

I dispose of this writ petition by issuing directions to the KSRTC

to decide the representation Ext.P6 submitted by the petitioner,

in accordance with law, after affording an opportunity of hearing,

either through virtual or physical. Let this exercise be undertaken

within a period of 45 days from the date of receipt of a certified

copy of the judgment.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 18251 OF 2021

APPENDIX OF WP(C) 18251/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF CERTIFICATE DATED 10.12.2018 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC, MALAPPURAM. Exhibit P2 A TRUE COPY OF CERTIFICATE DATED 30.08.2021 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC, PONNANI. Exhibit P3 A TRUE COPY OF MEMORANDUM NO. PL-

12/025739/2008 DATED 07.04.2012 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P4 A TRUE COPY OF MEMO NO. EL/2777/21/PNI DATED 30.04.2021 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC PONNANI.

Exhibit P5 A TRUE COPY OF JUDGMENT DATED 11.05.2021 IN WPC NO. 11010/2021(A) (R.

SUBALACHANDRAN AND OTHERS VS. STATE OF KERALA AND ANR).

Exhibit P6 A TRUE COPY OF REPRESENTATION DATED 26.08.2021 SUBMITTED TO THE 2ND RESPONDENT.