High Court of KeralaWP(C)/7837/2008disposed of

K.Surendran v. K.S.R.T.C.

2015-04-07Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 7837 of 2008 (G) ------------------------------------ PETITIONER:

-------------------------- K.SURENDRAN, CONDUCTOR SPECIAL GRADE, KSRTC, NEYYATTINKARA DEPOT, THIRUVANANTHAPURAM. RESIDING AT:ROHINI, ARUMANOOR, POOVAR P.O.

NEYYATTINKARA, THIRUVANANTHAPURAM.

BY ADVS.SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN RESPONDENTS:

----------------------------

1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, THIRUVANANTHAPURAM.

2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

R1 BY SRI.JOHNSON P.JOHN, SC, KSRTC SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R2 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7837 of 2008 (G) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 THE PHOTOCOPY OF THE CERTIFICATE SHOWING THE ATTENDANCE DETAILS OF THE PETITIONER AS DAILY WAGE CONDUCTOR ISSUED BY THE 1ST RESPONDENT EXT.P2 THE PHOTOCOPY OF THE APPOINTMENT ORDER NO. PL26605/87/NYA DATED 24.11.1987 ISSUED BY THE DISTRICT TRANSPORT OFFICER EXT.P3 THE TRUE COPY OF G.O. (P) NO. 2357/99/FIN DATED 25.11.1999 ISSUED BY THE GOVERNMENT EXT.P4 THE PHOTOCOPY OF THE MEMORANDUM OF SETTLEMENT DATED 13.04.1999 ENTERED INTO BY THE CORPORATION WITH ITS RECOGNISED TRADE UNIONS EXT.P5 THE PHOTOCOPY OF THE ORDER DATED 27.02.2006 ISSUED BY THE HON'BLE SUPREME COURT IN SLP NO. 1493/2006 EXT.P6 THE PHOTOCOPY OF THE ORDER NO. LR8-023330/97 DATED 27.01.2007 ISSUED BY THE RESPONDENT CORPORATION. RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO.7837 OF 2008 ---------------------------------------- Dated this the 7th day of April, 2015

JUDGMENT

The issue is covered by the common judgment dated 20.02.2015 by the Larger Bench of this Court in K.L. Francis v. Kerala State Road Transport Corporation and Others. Therefore the provisional services put in by the petitioner prior to his regular appointment on the advice of the Kerala Public Service Commission is liable to be reckoned for pension. It is declared that the said dictum covers the case of the petitioner also to whom the benefits of the Larger Bench decision of this Court shall be extended.

The first respondent submits that a Special Leave Petition is being filed against the common judgment of the Larger Bench before the Supreme Court and that orders are awaited. I make it clear that the implementation of the judgment of the Larger Bench of this Court as regards the petitioner would also be subject to the modification if any by the Supreme Court in the Special Leave Petition ofcourse to

W.P.(C). NO.7837 OF 2008 2 be filed. The first respondent is directed to do the needful in the case of the petitioner within a period of three months from the date of receipt of a copy of this judgment. All other contentions are left open and the writ petition is disposed of.

V. CHITAMBARESH JUDGE