Shaji Markose v. The District Transport Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 11937 of 2015 (N) ---------------------------- PETITIONER(S):
---------------- 1.
SHAJI MARKOSE, S/O.MARKOSE, AGED 43 YEARS VATTAPPILLIL HOUSE, PUTHUPARIYARAM P.O., CHITTUR THODUPUZHA, IDUKKI DISTRICT.
2.
T.K.SAJEEVAN, S/O.KUMARAN, AGED 45 YEARS THOTTAPPILLIL HOUSE, KOLANI P.O., THODUPUZHA, IDUKKI DISTRICT.
3.
NOBLE THOMAS, S/O.THOMAS, AGED 40 YEARS MOONNAMTHOTTOM, ARAKKULAM P.O., THODUPUZHA, IDUKKI DISTRICT.
BY ADVS.SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENT(S):
------------------- 1.
THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION THODUPUZHA, IDUKKI DISTRICT - 685 584.
2.
THE SUPERINTENDENT, KERALA STATE ROAD TRANSPORT CORPORATION THODUPUZHA DEPOT, IDUKKI DISTRICT - 685 584.
3.
KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023.
R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) No.11937 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :
A TRUE COPY OF THE MEMORANDUM BY PL. 12/025739/2008, DATED 7.4.2012 TO THE FIRST PETITIONER.
EXHIBIT P2 :
A TRUE COPY OF THE MEMORANDUM BY PL.12/025739/2008 DATED 7.4.2012 TO THE SECOND PETITIONER.
EXHIBIT P3 :
A TRUE COPY OF THE MEMORANDUM BY PL.12/025739/2008 DATED 7.4.2012 TO THE THIRD PETITIONER.
EXHIBIT P4 :
A TRUE COPY OF THE REPORTED DECISION IN 2005 KHC 1107 (COMPUTER COPY) EXHIBIT P5 :
A TRUE COPY OF THE REPRESENTATION FILED BEFORE THE THIRD RESPONDENT BY THE FIRST PETITIONER DATED 5.3.2015.
EXHIBIT P5(a) :
A TRUE COPY OF THE REPRESENTATION FILED BEFORE THE THIRD RESPONDENT BY THE SECOND PETITIONER DATED 5.3.2015 EXHIBIT P5(b) :
A TRUE COPY OF THE REPRESENTATION FILED BEFORE THE THIRD RESPONDENT BY THE THIRD PETITIONER DATED 5.3.2015 RESPONDENT(S) EXHIBITS NIL.
//TRUE COPY// P.S. TO JUDGE.
V.CHITAMBARESH, J.
--------------------- W.P (C) No.11937 of 2015 --------------------- Dated this the 9th 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 respondents submit 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 respondents are directed to do the needful in the case
W.P (C) No.11937 of 2015 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.
Sd/- V.CHITAMBARESH, Judge.
nj.