C.S.Sebastian v. Kerala State Road Transport Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 6999 of 2015 (Y) --------------------------- PETITIONER(S):

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1. C.S.SEBASTIAN, AGED 60 YEARS SIJIN BHAVAN, ELAVANIKARA, VELIYAMCODE PO THIRUVANANTHAPURAM-695 512. (CONDUCTOR VIZHINJAM DEPOT, RETIRED ON 31-03-2011)

2. A.ALOCIOUS FERNANDEZ, FATHIMA COLLEGE, PULLAUVILA PO THIRUVANANTHAPURAM-695 526. (CONDUCTOR VIKAS BHAVAN DEPOT, RETIRED ON 30-11-2013)

3. N.SIVANANDAN, S.N.MANDIRAM, ARUVIKARA, KUVALASSERY PO THIRUVANANTHAPURAM.(CONDUCTOR, KATTAKADA DEPOT RETIRED ON 31-03-2011)

4. R.SADASIVAN NAIR, S.T.BHAVAN, THIRUPURAM PO, NEYYATTINKARA THIRUVANANTHAPURAM-695 133. (CONDUCTOR KATTAKADA DEPOT, RETIRED ON 31-03-2010)

5. T.ALBERT, CHRISTUNILAYAM, MEKKE KEELIYODE, VANDANOOR PERUMPAZHUTHOOR PO THIRUVANANTHAPURAM-695 126. (CONDUCTOR TRIVANDRUM C/L DEPOT, RETIRED ON 31-03-2010)

6. A.SREEKUMAR, ROHINI, VALIYAVILA ROAD, OORUTTAMBALAM PO THIRUVANANTHAPURAM-695 135. (CONDUCTOR TRIVANDRUM C/L DEPOT, RETIRED ON 31-03-2010)

7. C.STEEPHEN, PARANIKIMAMVILA VEEDU, MANNADIKONAM, RUSSALPURAM PO BALARAMAPURAM THIRUVANANTHAPURAM-695 501. (CONDUCTOR, PAPPANAMCODE RETIRED ON 31-03-2010) BY ADV. SRI.N.SASIDHARAN UNNITHAN

W.P (C) No.6999/2015 : 2 :

RESPONDENT(S):

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

R1 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6999 of 2015 (Y) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT P1 : COPY OF GOVERNMENT ORDER GO(MS) NO.9/2001/TRAN DT 05-03-2001. EXT P2 : COPY OF MEMORANDUM OF SETTLEMENT DATED 13-04-1999. EXT P3 : COPY OF CERTIFICATES ISSUED BY THE KSRTC SHOWING THE DAILY WAGE APPOINTMENT OF THE 1ST AND 6TH PETITIONERS. EXT P4 : COPY OF APPOINTMENT ORDER DATED 08-03-2001 ISSUED TO THE PETITIONERS 2 TO 5 AND 7TH BY THE KSRTC.

EXT P5 : COPY OF THE RELEVANT PAGES OF THE PENSION BOOK OF THE PETITIONERS 1 TO 6 ISSUED BY THE KSRTC.

EXT P6 : COPY OF THE PENSION PASS OF THE 7TH PETITIONER ISSUED BY THE KSRTC.

EXT P7 : COPY OF JUDGMENT DATED 20-02-2015 IN WA.NO.150/2010 AND CONNECTED CASES OF THIS HONOURABLE COURT.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.6999 of 2015 --------------------- Dated this the 10th day of April, 2015

J U D G M E N T

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 petitioners prior to their 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 petitioners also to whom the benefits of the Larger Bench decision of this Court shall be extended.

2.

The 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 petitioners would also be subject to the modification if any by the Supreme Court in the Special Leave Petition ofcourse to be filed. The respondent is directed to do the needful in the case of

W.P (C) No.6999 of 2015 the petitioners within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.