Gopalakrishnan v. State Of Kerala

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 ------------------------------------ PETITIONERS:

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GOPALAKRISHNAN D, PUZHUKKAL VEEDU MOZHIPULAM, THIRINELLAI, PALAKKAD VINOD PANDIT S., GEETANJALI NARIANPARAMBU, KATTUSSERY P.O., ALATHUR, PALAKKAD 3.

A. BHASKARAN, KIZHAKKE VEEDU, THALUR, PALLASSENA PALLAVOOR, KUDALOOR P.O., PALAKKAD 4.

P. MURALI, H. NO. 11/289 MAIN ROAD, OPP. CPI(M) OFFICE CHITTUR P.O., PALAKKAD 5.

V. SUDHAMAN, KIZHAKKUMURRY HO MANJAPRA POST, PALAKKAD 6.

SURESH KRISHNAN, K. ASWATHI VADAKETHARA, THENKURRISSI P.O., PALAKKAD DIST.

7.

RAJAN M., MECODE HOUSE PADUR P.O., KAVASSERY, PALAKKAD 8.

SWAMINATHAN K, PADIJAREKALAM POOTHONNI, VADAVANNUR P.O., PALAKKAD 9.

SUVARNAN K.M., KOTTAMANGALAM HOUSE KOTTAYI P.O., PALAKKAD 10.

CHANDRAN A, THOTTINGAL HOUSE ATHIPOTTA P.O., ALATHUR, PALAKKAD

11.

MOHANAN V. MANNAMTHARA, COYILMANNAM PALAKKAD DIST.

12.

K. KANNAN, KOOTTAPURAKEL HOUSE ELAMANNAM, THENKURRISSI P.O., PALAKKAD BY ADV. SRI.P.R.VENKETESH RESPONDENTS:

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STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (B) DEPARTMENT, SECRETARIAT, THIRUVANANATHAPURAM - 695 001 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM - 695 001 R1 BY GOVERNMENT PLEADER SRI. T.R. RAJESH R2 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE GO DATED 26.12.2011 P2 :

COPY OF MEMORANDUM DATED 7.4.2012 ISSUED BY THE KSRTC TO THE 1ST PETITIONER P3:

COPY OF MEMORANDUM DATED 7.4.2012 ISSUED BY THE KSRTC TO THE 2ND PETITIONER P4:

COPY OF MEMORANDUM DATED 10.7.2014 ISSUED BY THE KSRTC TO THE 3RD PETITIONER P5:

COPY OF MEMORANDUM DATED 7.4.2012 ISSUED BY THE KSRTC TO THE 4TH PETITIONER P6:

COPY OF MEMORANDUM DATED 7.4.2012 ISSUED BY THE KSRTC TO THE 5TH PETITIONER P7:

COPY OF MEMORANDUM DATED 7.4.2012 ISSUED BY THE KSRTC TO THE 6TH PETITIONER P8:

COPY OF MEMORANDUM DATED 7.4.2012 ISSUED BY THE KSRTC TO THE 7TH PETITIONER P9:

COPY OF MEMORANDUM DATED 7.4.2012 ISSUED BY THE KSRTC TO THE 8TH PETITIONER P10:

COPY OF MEMORANDUM DATED 7.4.2012 ISSUED BY THE KSRTC TO THE 9TH PETITIONER P11:

COPY OF MEMORANDUM DATED 7.4.2012 ISSUED BY THE KSRTC TO THE 10TH PETITIONER P12:

COPY OF MEMORANDUM DATED 7.4.2012 ISSUED BY THE KSRTC TO THE 11TH PETITIONER P13:

COPY OF MEMORANDUM DATED 8.2.2013 ISSUED BY THE KSRTC TO THE 12TH PETITIONER RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO.12174 OF 2015 ---------------------------------------- Dated this the 10th 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 second 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 second respondent is directed to do the needful

W.P.(C). NO.12174 OF 2015 2 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