S.Sreekumaran vs State Of Kerala
2021 Latest Caselaw 19369 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                       WP(C) NO. 19255 OF 2021
PETITIONERS:

    1     S.SREEKUMARAN,
          AGED 57 YEARS,
          S/O.SREEDHARAN NAIR, CONDUCTOR GR.I (RETD.), KSRTC,
          THIRUVANANTHAPURAM CENTRAL DEPOT AND RESIDING AT GOWRI
          NANDANAM, PERUKAVU P.O., THIRUVANANTHAPURAM - 695 573.

    2     R.PADMAKUMAR,
          AGED 43 YEARS,
          S/O.RAJAGOPALAN NAIR V., BLACK SMITH (MECHANIC) GR.I,
          KSRTC, CENTRAL WORKS PAPPANAMCODE, THIRUVANANTHAPURAM
          DISTRICT AND RESIDING AT AWATHI VILASAM,
          T.C.NO.54/1836, PAPPANAMCODE,
          THIRUVANANTHAPURAM - 695 018 (PF NO.67230).

    3     S.MOHANAKUMAR,
          AGED 57 YEARS,
          S/O.SUKUMARAN NAIR, CONDUCTOR GR.I (RETD.), KSRTC,
          VELLARADA, THIRUVANANTHAPURAM AND NOW RESIDING AT AT
          THUNDATHU VEEDU, KOLLAL, VIRIVILA,
          KANAYAKUMARI DISTRICT, TAMIL NADU - 629 514.

    4     E.K.ANILKUMARAN NAIR,
          AGED 54 YEARS,
          S/O.E.KUNJUKRISHNA PILLAI, MECHANIC GR.I, KSRTC,
          CENTRAL WORKS PAPPANAMCODE, THIRUVANANTHAPURAM DISTRICT
          AND RESIDING AT SAROJA BHAVAN, KULATHUMMAL,
          CHAIKOTTUKONAM, AMARAVILA P.O.,
          THIRUVANANTHAPURAM - 695 122.

          BY ADV N.UNNIKRISHNAN



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
          TRANSPORT (A) DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 023.

    2     KERALA STATE ROAD TRANSPORT CORPORATION
          TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023
 WP(C) NO. 19255 OF 2021
                                -2-


            REPRESENTED BY THE CHAIRMAN AND MANAGING
            DIRECTOR.


OTHER PRESENT:

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




     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   16.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 19255 OF 2021
                             -3-


                          JUDGMENT

Petitioners 1 and 3 who retired from the service of

KSRTC and petitioners 2 and 4 who are employees of

KSRTC are before this Court under Article 226 of the

Constitution of India, for vindication of their grievance

regarding counting of provisional service followed by regular

service for the purpose of pension and retirement benefits. It

is contended that petitioner Nos.1 and 3 joined service as

provisional Conductor, regularised in the post of Reserve

Conductor on 7.4.2012 and retired from service on 30.4.2021

and 31.5.2021 respectively. Petitioners 2 and 4 joined

service as Mechanic provisionally, regularised on 7.4.2012

and due to retire on 31.5.2034 and 31.5.2023 respectively. 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 needs to be counted along with regular

service. Aforementioned judgment has also been followed by

the Single Bench of this Court in judgment dated 11.05.2021 WP(C) NO. 19255 OF 2021

in Writ Petition (C) No.11010/2021. Representations

Ext.Nos.P13 to P16 in this regard have been submitted, but

no action has been taken. It is contended that petitioners

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 petitioners in the writ

petition or representations is not covered by the decision of

the Larger Bench.

3. I have heard counsel for the parties and appraised

the paper books.

4. 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 representations

Exts.P13 to P16 submitted by the petitioners, in accordance

with law, after affording an opportunity of hearing, either WP(C) NO. 19255 OF 2021

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 VV WP(C) NO. 19255 OF 2021

APPENDIX OF WP(C) 19255/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF CASH RECEIPT NO.31384 DATED 29/05/200 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC, THIRUVANANTHAPURAM CENTRAL DEPOT.

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 PENSION PAYMENT ORDER NO.55545 ISSUED TO THE FIRST PETITIONER.

Exhibit P4 A TRUE COPY OF PROFORMA DATED 07/02/2012 ISSUED BY THE MECHANICAL ENGINEER (WORKS), KSRTC, CENTRAL WORKS THIRUVANANTHAPURAM.

Exhibit P5 A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 07/04/2012 ISSUED TO THE SECOND PETITIONER.

Exhibit P6 A TRUE COPY OF DUTY PASS NO.AC03019 DATED 01/08/2015 ISSUED BY THE EXECUTIVE DIRECTOR (ADMINISTRATION) KSRTC, THIRUVANANTHAPURAM TO THE SECOND PETITIONER.

Exhibit P7 A TRUE COPY OF CASH RECEIPT C1 NO.62231 DATED 20/05/1994 ISSUED TO THE THIRD PETITIONER.

Exhibit P8 A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 07/04/22012 ISSUED TO THE THIRD RESPONDENT.

Exhibit P9 A TRUE COPY OF MEMO NO.E/021/20/VELLARADA DATED 31/05/2021 ISSUED TO THE THIRD PETITIONER ALONG WP(C) NO. 19255 OF 2021

WITH ENGLISH TRANSLATION.

Exhibit P10 A TRUE COPY OF PROFORMA DATED 07/02/2012 ISSUED BY THE MECHANICAL ENGINEER (WORKS), KSRTC, CENTRAL WORKS PAPPANAMCODE IN RESPECT OF THE FOURTH PETITIONER.

Exhibit P11 A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 07/04/2012 ISSUED TO THE 4TH PETITIONER.

Exhibit P12 A TRUE COPY OF DUTY PASS NO.AC 03013 ISSUED TO THE 4TH PETITIONER BY EXECUTIVE DIRECTOR (ADMINISTRATION).

Exhibit P13 A TRUE COPY OF REPRESENTATION 24/08/2021 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SECOND RESPONDENT.

Exhibit P14 A TRUE COPY OF REPRESENTATION 29/08/2021 SUBMITTED BY THE SECOND PETITIONER BEFORE THE SECOND RESPONDENT.

Exhibit P15 A TRUE COPY OF REPRESENTATION 24/08/2021 SUBMITTED BY THE THIRD PETITIONER BEFORE THE SECOND RESPONDENT.

Exhibit P16 A TRUE COPY OF REPRESENTATION 24/08/2021 SUBMITTED BY THE FOURTH PETITIONER BEFORE THE SECOND RESPONDENT.

Exhibit P17 A TRUE COPY OF JUDGMENT DATED 11/05/2021 IN WP(C) NO.11010/2021(A) (R.SUBALACHANDRAN & OTHERS VS. STATE OF KERALA AND ANOTHER).