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High Court of KeralaWP(C)/11197/2015disposed of

P Mohamed Rafeek v. Kerala State Road Transport Corporation

2015-04-07Honourable Mr.Justice V.Chitambaresh3 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. 11197 of 2015 (Y) ---------------------------- PETITIONERS:

--------------------- 1.

P MOHAMED RAFEEK, CONDUCTOR, KSRTC, PONNANI DEPOT, PONNANI, MALAPPURAM DISTRICT.

2.

K. JAYAKUMAR, CONDUCTOR, KSRTC, PAPPANAMCODE DEPOT, PAPPANAMCODE, THIRUVANANTHAPURAM.

3.

A. THANKARAJ, DRIVER, KSRTC, VELLANADU DEPOT, THIRUVANANTHAPURAM.

4.

C. MOHANAN, MECHANIC, KSRTC, PAPPANAMCODE DEPOT, PAPPANAMCODE, THIRUVANANTHAPURAM.

5.

K. ASOK KUMAR, DRIVER, KSRTC, NEYYATTINKARA DEPOT, NEYYATTINKARA, THIRUVANANTHAPURAM.

BY ADV. SRI.K.P.RAJEEVAN RESPONDENTS:

----------------------- 1.

KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 023. 2.

ASSISTANT TRANSPORT OFFICER, KSRTC, PONNANI DEPOT, PONNANI, MALAPPURAM PIN 679 577. 3.

DISTRICT TRANSPORT OFFICER, KSRTC, PAPPANAMCODE DEPOT, PAPPANAMCODE, THIRUVANANTHAPURAM PIN 695 018.

4.

ASSISTANT TRANSPORT OFFICER, KSRTC, VELLANAD DEPOT, VELLANAD, THIRUVANANTHAPURAM PIN 695 543.

5.

DISTRICT TRANSPORT OFFICER, KSRTC, NEYYATTINKARA DEPOT, NEYYATTINKARA, THIRUVANANTHAPURAM PIN 695 121.

BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 11197/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF PROCEEDINGS DATED 14.03.2014 ISSUED TO THE 1ST PETITIONER.

EXHIBIT P2 :

A TRUE COPY OF JUDGMENT REPORTED IN 2005 (2) KLJ 602. EXHIBIT P3 :

TRUE COPY OF THE REPRESENTATION DATED 07.03.2015 OF THE 1ST PETITIONER.

EXHIBIT P3A :

TRUE COPY OF THE REPRESENTATION DATED 07.03.2015 OF THE 2ND PETITIONER.

EXHIBIT P3B :

TRUE COPY OF THE REPRESENTATION DATED 07.03.2015 OF THE 3RD PETITIONER.

EXHIBIT P3C :

TRUE COPY OF THE REPRESENTATION DATED 07.03.2015 OF THE 4TH PETITIONER.

EXHIBIT P3D :

TRUE COPY OF THE REPRESENTATION DATED 07.03.2015 OF THE 5TH PETITIONER.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 11197 OF 2015 ------------------------------------ Dated this the 7th day of April, 2015

JUDGMENT

The petitioners contend that their provisional service is liable to be reckoned as qualifying service for increment, promotion and pension. The petitioners rely on Ext.P2 judgment reported in [2005 (2) KLJ 602] as well as the judgment in W.A. No. 150/2010. Ext.P3 series representations put in by the petitioners are pending consideration.

2.

I direct the first respondent to consider Ext.P3 series representations with notice to the petitioners. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment. Steps shall be taken to disburse the eligible amount due to the petitioners expeditiously. 3.

The grant of benefit on the basis of the judgment in W.A. No. 150/2010 shall ofcourse be subject to the verdict in the Special Leave Petition being filed.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd