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High Court of KeralaWP(C)/7914/2015disposed of

K.Rajendran v. Kerala State Road Transport Corporation

2015-03-18Honourable Mr.Justice V.Chitambaresh5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 WP(C).No. 7914 of 2015 (L) --------------------------- PETITIONER(S):

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1. K.RAJENDRAN, AGED 58 YEARS MEKKUMKARA PUTHEN VEEDU, ALAMPARA, NANDIYODE PACHA P.O., THIRUVANANTHAPURAM-695 562, (CONDUTOR PALODE DEPOT, RETIRED ON 30/11/2012).

2. K.RADHAKRISHNAN A-20, SREYAS, KANAKA NAGAR KOWDIAR, THIRUVANANTHAPURAM-695003 (CONDUCTOR PEROORKADA DEPOT, RETIRED ON 30/11/2012).

3. J.RAMACHANDRAN T.C.52/804, VILAYIL MELEPUTHEN VEEDU POOZHIKUNNU ESTATE P.O.

THIRUVANANTHAPURAM-695 019. (CONDUCTOR PAPPANANCODE DEPOT, RETIRED ON 30/11/2012).

4. D.JAYAKUMAR V.J.BHVAN, SAGARA-22, PATHIRAPPALLY KUDAPPANAKKUNNU THIRUVANANTHAPURAM-695043. (CONDUCTOR PEROORKADA DEPOT, RETIRED ON 30/11/2012).

5. J.LAWRENSON JOSE L.S.BHAVAN, CHAKKIPPARA, KONNIYOOR PUNALAL P.O., THIRUVANANTHAPURAM DIST. (CONDUCTOR VELLANADU DEPOT, RETIRED ON 31/5/2013).

6. B.RAVEENDRAN NAIR RAVEENDRA VILASOM, CHERIYAKONNI P.O.

THIRUVANANTHAPURAM-695013. (CONDUCTOR PEROORKADA DEPOT, RETIRED ON 30/11/2012).

7. S.BADARUDEEN RAWTHER CHENNANKARA, THALACHIRA P.O., KOTTARAKARA KOLLAM DIST. (CONDUCTOR, PATHANAPURAM DEPOT RETIRED ON 30/4/2012).

8. K.SUDEVAN CHARUVILA VEEDU, CHETHADY, CHENGAMANADU P.O.

KOTTARAKARA, KOLLAM DIST. (CONDUCTOR PATHANAMTHITTA DEPOT, RETIRED ON 30/9/2013).

WP(C)No.7914/2015 : 2 :

9. J.SASIDHRAN NAIR PONPARA PUTHEN VEEDU, PERAYAM, MEENMUTTY PACHA P.O., THIRUVANANTHAPURAM 695562. (DRIVER NEDUMANGAD DEPOT, RETIRED ON 31/10/2014).

10. D.SASIDHARAN PILLAI M.S.MANDIRAM, OORALIKONAM, KARUMANCODE P.O.

THIRUVANANTHAPURAM DIST. (DRIVER NEDUMANGAD DEPOT RETIRED ON 30/9/2012).

BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S):

------------------ KERALA STATE ROAD TRANSPORT CORPORATION REP.BY THE MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN THIRUVANANTHAPURAM-695023.

R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7914 of 2015 (L) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT-P1: COPY OF MEMORANDUM NO.PL 12/025739/2008 DATED 7/4/2012 ISSUED TO THE 1ST PETITIONER.

EXHIBIT-P2: COPY OF RELEVANT PAGE OF MEMORANDUM OF SETTLEMENT DATED 13/4/1999.

EXHIBIT-P3: COPY OF CERTIFICATE/MEMO/CASH RECEIPT ISSUED BY THE KSRTC SHOWING THE DAILY WAGE APPOINTMENT OF THE PETITIONERS. EXHIBIT-P4: COPY OF 1ST PAGE OF THE PENSION BOOK OF THE PETITIONERS 1 TO 6, 8TH AND 10TH ISSUED BY THE KSRTC.

EXHIBIT-P5: COPY OF THE PENSION PASS OF THE 7TH AND 9TH PETITIONERS ISSUED BY THE KSRTC.

EXHIBIT-P6: COPY OF JUDGMENT DATED 20/2/2015 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.7914 of 2015 --------------------- Dated this the 18th day of March, 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 the petitioners within a period of

WP(C)No.7914/2015 three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.