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Kerala High Court
Panicker.P.G.Babu vs State Of Kerala on 6 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:95
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
WP(C) NO. 24375 OF 2024
PETITIONER:
PANICKER.P.G.BABU
AGED 64 YEARS
S/O GEORGE PANICKER,
(DRIVER, KSRTC, KOLLAM DEPOT,
RETIRED ON 30.4.2016),
RESIDING AT PERUMPALLIL GRACE VILLA,
CHITTAKOD, MARANADU.P.O,
EZHUKONE (VIA), KOLLAM DISTRICT,
PIN - 691505
BY ADV.
SRI.K.P.RAJEEVAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
TRANSPORT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM, PIN - 695023
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W.P.(C) No.24375/2024
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3 THE DISTRICT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
KOLLAM DISTRICT OFFICE,
KOLLAM, PIN - 691001
4 THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
KOLLAM DEPOT, KOLLAM DISTRICT,
PIN - 691001
BY ADV.
SRI.AKHIL SURESH, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 28.10.2025 AND THE COURT ON 06.01.2026
DELIVERED THE FOLLOWING:
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W.P.(C) No.24375/2024
:3:
N. NAGARESH, J.
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W.P.(C) No.24375 of 2024
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Dated this the 6th day of January, 2026
JUDGMENT
~~~~~~~~~
The petitioner, who has retired from the
services of the Kerala State Road Transport Corporation
(KSRTC) as Driver on 30.04.2016, seeks to quash Ext.P9
and to declare that he is entitled to get counted 9 years 11
months and 17 days as qualifying service for pension. The
petitioner also seeks to direct the respondents to sanction
and disburse the amount of monthly pension with arrears,
DCRG, Commuted Value of Pension and other pensionary
benefits to the petitioner immediately.
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2. The petitioner states that he was appointed
as reserve Driver by the KSRTC on 08.07.2000. The
petitioner was absorbed into the regular service of KSRTC as
per Ext.P2 memo dated 02.07.2001. The petitioner
continuously worked as Driver till 09.06.2009. The petitioner
applied for five years Leave Without Allowance for taking up
other employment abroad. The LWA was granted and the
petitioner was relieved of his duties with effect from
10.06.2009. The Leave Without Allowance was extended till
30.04.2015.
3. The petitioner was to retire on 30.04.2016.
The petitioner, in order to rejoin duty before one year of
retirement, submitted a representation to the District
Transport Officer on 04.04.2015 requesting to cancel the
balance 26 days of leave and to allow him to rejoin duty. The
4th respondent did not permit the petitioner to rejoin duty
before 30.04.2015.
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4. After retirement, the petitioner requested the
2nd respondent to grant him pensionary benefits reckoning the
period from 04.04.2015 to 30.06.2015 as qualifying service
for pension. The petitioner states that Provident Fund
amount was given to him in April 2023 but the monthly
pension, DCRG and CVP and other benefits are not paid.
The respondents are therefore compellable to sanction and
disburse monthly pension, DCRG, CVP, etc. to the petitioner.
5. Respondents 2 to 4 opposed the writ
petition. The respondents submitted that the petitioner
remained on unauthorised leave in order to take up
employment abroad. An employee, who had taken leave
under Appendix XIIA is not entitled to count the leave period
as qualifying service for seniority, grade promotion or
pension. The petitioner has qualifying service of only 8 years
10 months and 15 days. The petitioner is therefore eligible to
service gratuity alone on his retirement. The petitioner has
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been sanctioned service gratuity of ₹1,08,443/-. The writ
petition is hence without any merit.
6. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing the
1st respondent and the learned Standing Counsel appearing
for respondents 2 to 4.
7. The petitioner was initially appointed as
reserve Driver on 08.07.2000. He was absorbed in the
regular service of KSRTC on 02.07.2001. The petitioner took
Leave Without Allowance with effect from 10.06.2009 to take
up employment abroad. The petitioner attained the age of
superannuation on 30.04.2016. The petitioner did not join
duty after the expiry of his LWA on 30.04.2015.
8. Therefore, the petitioner has qualifying
service of only 8 years 10 months and 15 days. Evidently,
the LWA periods will be excluded from qualifying service for
pension. As the petitioner does not have minimum qualifying
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service of 10 years, the petitioner is not eligible for ex-gratia
pension. The petitioner is eligible only for service gratuity
which has already been sanctioned.
The petitioner is not entitled to any further
relief. The writ petition is hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/27.12.2025
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APPENDIX OF WP(C) NO. 24375 OF 2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF APPOINTMENT ORDER VIDE
MEMORANDUM NO.PLA 6/026300/2000 DATED
8.7.2000 ISSUED TO THE PETITIONER BY
THE SENIOR EXECUTIVE DIRECTOR OF KSRTC
Exhibit P2 A TRUE COPY OF MEMO NO.EA1-
3159/2001/KLM DATED 2.7.2001 ISSUED BY
THE DISTRICT TRANSPORT OFFICER, KSRTC,
KOLLAM
Exhibit P3 A TRUE COPY OF MEMORANDUM NO.EA1-
2163/09/KLM DATED 11.6.2009 ISSUED BY
THE DISTRICT TRANSPORT OFFICER, KSRTC,
KOLLAM
Exhibit P4 A TRUE COPY OF ORDER NO.R.DIS.PL-
13/006178/09 DATED 31.5.2014 ISSUED BY
THE MANAGER (ACCOUNTS) IN CHARGE OF
EXECUTIVE DIRECTOR (ADMN)
Exhibit P5 A TRUE COPY OF REPRESENTATION DATED
4.4.2015 SUBMITTED BY THE PETITIONER
BEFORE THE DISTRICT TRANSPORT OFFICER,
KOLLAM
Exhibit P6 A TRUE COPY OF REPRESENTATION DATED
16.2.2022 FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P7 A TRUE COPY OF LETTER NO.TRANS-
A3/52/2022-TRANS DATED 10.11.2022
ISSUED BY THE 1ST RESPONDENT TO THE
2ND RESPONDENT
Exhibit P8 A TRUE COPY OF JUDGMENT DATED
22.2.2024 IN WP(C)NO.4694 OF 2024
Exhibit P9 A TRUE COPY OF ORDER
NO.PA5(PA12)/012474/2017 DATED
13.5.2024
Exhibit P10 A TRUE COPY OF JUDGMENT IN ADDITIONAL
CHIEF SECRETARY, TVM AND OTHERS V. P.R
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JAYASREE AS REPORTED IN 2022 (1) KHC
Exhibit P11 A TRUE COPY OF JUDGMENT DATED
10.6.2011 IN W.A.NO.1878 OF 2006
RESPONDENTS' EXHIBIT
Exhibit R2(a) TRUE COPY OF THE GO (P) 1851/99/FIN
DATED 18.09.1999
