High Court of KeralaWP(C)/11331/2015disposed of

S. Mohanaraj v. Kerala State Road Transport Corporation

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. 11331 of 2015 (N) -------------------------------------- PETITIONERS:

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

S. MOHANRAJ, KAVINPURATH PUTHEN VEEDU PALLICHAL, NARUVAMOODU P.O.

THIRUVANANTHAPURAM DISTRICT (CONDUCTOR, PAPPANAMCODE DEPOT, RETIRED ON 30.11.2012) 2.

K. JOHNKUTTY SALEM BHAVAN, ELAMADU P.O.

AYOOR, KOLLAM DIST.

(CONDUCTOR, KILIMANOOR DEPOT, RETIRED ON 30.11.2012) 3.

G. RETNAKARAN RETNAVILASATH VEEDU, EDAYAM P.O.

MUTHUVANATH MUKKU, KOLLAM DISTRICT (DRIVER, PUNALUR DEPOT, REITRED ON 31.3.2015 4.

S. RADHAKRISHNA PILLAI MOOLAKUNNATH VEEDU, MANIYAR P.O., PUNALUR, KOLLAM DISTRICT (DRIVER, PUNALUR DEPOT, RETIRED ON 31.10.2007) 5.

K. SEKHARAN KUTTY CHARUVILA PUTHEN VEEDU, KALLUMALA PUNALUR P.O., KOLLAM DIST.

(DRIVER, PUNALUR DEPOT, RETIRED ON 30.04.2007) 6.

K. RAJENDRAN NAIR UTHIMOODU VEEDU, PALODE, PACHA P.O., THIRUVANANTHAPURAM DISTRICT (CONDUCTOR, PALODE DEPOT, RETIRED ON 30.06.2012 BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT:

---------------------------- KERALA STATE ROAD TRANSPORT CORPORATION REP. BY THE MANAGING DIRECTOR KSRTC, TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 023 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. 11331 of 2015 (N) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 COPY OF MEMORANDUM NO. PL12/025736/2008 DATED 7.4.2012 ISSUED FROM THE KSRTC EXT.P2 COPY OF THE RELEVANT PAGES OF THE MEMORANDUM OF SETTLEMENT DATED 13.04.1999 EXT.P3 COPY OF THE CERTIFICATE/CASH RECEIPT ISSUED BY THE KSRTC SHOWING THE DAILY WAGE APPOINTMENT OF THE PETITIONERS 1 TO 5 EXT.P4 COPY OF THE PENSION PASS OF THE PETITIONERS ISSUED BY THE KSRTC EXT.P5 COPY OF JUDGMENT DATED 18.03.2015 IN W.P.(C). NO. 7914/2015 OF THIS HONOURABLE COURT RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO.11331 OF 2015 ---------------------------------------- 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 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.

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

W.P.(C). NO.11331 OF 2015 2 be filed. The respondent is directed to do the needful in the case of 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.

V. CHITAMBARESH JUDGE