K.Krishnan Kutty Nair vs Kerala State Road Transport ...
2022 Latest Caselaw 5565 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
        THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944


                        WP(C) NO. 17014 OF 2022
PETITIONER/S:

            K.KRISHNAN KUTTY NAIR
            THRIKKETTA, T.C. NO. 25/1824 (5)
            OPP. BSS IT MISSION, THAMPANNOOR,
            THIRUVANANTHAPURAM - 695 023
            (CONDUCTOR KSRTC, VIKAS BHAVAN DEPOT RETIRED ON
            30/11/2018)

            BY ADV N.SASIDHARAN UNNITHAN


RESPONDENT/S:

    1       KERALA STATE ROAD TRANSPORT CORPORATION,
            REPRESENTED BY THE MANAGING DIRECTOR, KSRTC,
            TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 023

    2       EXECUTIVE DIRECTOR (ADMINISTRATION)
            KSRTC, TRANSPORT BHAVAN,
            THIRUVANANTHAPURAM-695 023

    3       ASSISTANT TRANSPORT OFFICER
            KSRTC, VIKAS BHAVAN DEPOT
            THIRUVANANTHAPURAM - 695 033


            SRI. DEEPU THANKAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17014 OF 2022
                                        2



                                   JUDGMENT

The petitioner contends that he joined the service of the KSRTC as a

provisional conductor in the year 2004 and while working as aforesaid he was

regularly appointed on 16.06.2007. He attained superannuation on 30.11.2018.

The grievance of the petitioner is that the Corporation has denied the benefits

of 182 days of leave as qualifying service and the consequential pensionary

benefits to the petitioner. It is the case of the petitioner that in view of Ext.P5

order dated 27.12.2014 issued by the respondent Corporation, Leave Without

Allowance granted without a medical certificate prior to 10.06.2010 is to be

treated as qualified service for pension subject to other conditions. He contends

that identical issues were considered by this Court and Exts.P3 and P6

judgments have also been rendered, one by their Lordships of the Division

Bench and the other by the learned Single Judge. Stating all these aspects the

petitioner is stated to have preferred Ext.P7 representation before the 1st

respondent with a prayer to count 182 days of leave without allowance granted

to him up to 10.06.2010 as qualifying service for pension. The grievance of the

petitioner is that the said representation has not been considered to date. It is

in the afore circumstances that the petitioner is before this Court seeking

expeditious directions.

WP(C) NO. 17014 OF 2022

2. Sri. Deepu Thankan, the learned Standing Counsel appearing for the

Corporation submitted that Ext.P6 judgment has been challenged by the

Corporation and the same is pending.

3. I find that the petitioner raised his claim on the basis of Ext.P5 order

issued by the Corporation and the limited request of the petitioner is for a

consideration of Ext.P7 in the light of Ext.P5.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and circumstances,

I am of the view that this writ petition can be disposed of by issuing the

following directions:

a) There will be a direction to the 1st respondent to take up, consider

and pass appropriate orders on Ext.P7, in the light of Ext.P5, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or his authorised representative.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of two months from the date of production WP(C) NO. 17014 OF 2022

of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned respondent

for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS WP(C) NO. 17014 OF 2022

APPENDIX OF WP(C) 17014/2022

PETITIONER(S) EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER, INCORPORATING HIS QUALIFYING SERVICE

Exhibit P2 TRUE COPY OF THE CIRCULAR MEMORANDUM NO.

PL7-000175/2010 DATED 6/7/2010, ISSUED FROM THE KSRTC

Exhibit P3 TRUE COPY OF THE COMMON JUDGMENT DATED 21/2/2014 IN WA NO. 165/2014 AND CONNECTED WRIT APPEALS OF THIS HONOURABLE COURT.

Exhibit P4 TRUE COPY OF THE COMMON ORDER DATED 8/8/2014 OF THE HONOURABLE SUPREME COURT IN SLP (C) NOS. 20032-20035/2014.

Exhibit P5 TRUE COPY OF THE MEMORANDUM NO. PL7-

000175/2010 DATED 27/12/2014 ISSUED FROM THE KSRTC

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.2209 / 2017 DATED 22/11/2021 OF THIS HONOURABLE COURT

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 23/4/2022 OF THE PETITIONER SENT TO THE 1ST RESPONDENT

RESPONDENT(S) EXHIBITS : NIL