T. Pradeepkumar vs State Of Kerala
2021 Latest Caselaw 19436 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. 19225 OF 2021
PETITIONERS:

    1     T. PRADEEPKUMAR, AGED 50 YEARS,
          S/O. K. THANKAPPAN NAIR, ELECTRICIAN GR. I,
          KSRTC, CENTRAL WORKS, PAPPANAMCODE,
          THIRUVANANTHAPURAM DISTRICT AND RESIDING AT THANKASREE,
          CHERUKARA VEEDU, KARIPUR, MALAYANKEEZHU P.O,
          THIRUVANANTHAPURAM DISTRICT-695 571 (MOB: 8921705427).

    2     KUMAR SATHEESH R, AGED 51 YEARS,
          S/O RAMACHANDRAN NAIR S., MECHANIC GR. I, KSRTC,
          CENTRAL WORKS PAPPANAMCODE, THIRUVANANTHAPURAM DISTRICT
          AND RESIDING AT MADAYAMCODE, PUTHENVEEDU, THOZHUKKAL,
          NEYYATTINKARA- P.O, THIRUVANANTHAPURAM-695 121 (MOB
          9048259982).

          BY ADVS.
          N.UNNIKRISHNAN
          UBAI KUMAR BALAN


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,
          REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR.

          BY ADV.
          SRI.DEEPU THANKAN, SC, KSRTC
          SRI.JIMMY GEORGE, GOVERNMENT PLEADER


     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. 19225 OF 2021      -2-



                          JUDGMENT

Petitioners, aged 50 and 51 years, 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 No.1 joined on 20.09.1999 as

Work Assistant (Electrical) through Employment Exchange

and thereafter, vide order dated 07.04.2012, appointed as

Mechanic. Petitioner No.2 joined the service as provisional

Mechanic on 10.05.2000 and subsequently, his service was

regularised in the pre - revised pay scale, vide order dated

07.04.2012. Later, he was put on regular establishment as

Mechanic with effect from 20.04.2012. 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 20.09.1999 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. Representations

Ext.Nos.P7 and P8 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.P7 & P8 submitted by the petitioners, 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 VV

APPENDIX OF WP(C) 19225/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF PROFORMA DATED 07.02.2012 ISSUED TO THE FIRST PETITIONER.

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 DUTY PASS NO. AC 03012 (PF/ID NO. 66978) ISSUED TO THE FIRST PETITIONER.

Exhibit P4 A TRUE COPY OF THE PROFORMA DATED 07.02.2012 ISSUED BY THE MECHANICAL ENGINEER (WORKS), KSRTC, PAPPANAMCODE, THIRUVANANTHAPURAM TO THE SECOND PETITIONER.

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. AC 03009 (PF/ID NO. 66971) ISSUED BY THE EXECUTIVE DIRECTOR (ADMINISTRATION) TO THE SECOND PETITIONER.

Exhibit P7 A TRUE COPY OF REPRESENTATION 01.09.2021 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SECOND RESPONDENT.

Exhibit P8 A TRUE COPY OF REPRESENTATION O1.09.2021 SUBMITTED BY THE SECOND PETITIONER BEFORE THE SECOND RESPONDENT.

Exhibit P9 A TRUE COPY OF JUDGMENT DATED 11.05.2021 IN W.P. C NO. 11010/2021(A) (R. SUBALACHANDRAN AND OTHERS VS. STATE OF KERALA AND ANOTHER).