K.Bhaskaran v. K.S.R.T.C.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 ------------------------------------- PETITIONERS:

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

K.BHASKARAN, AGED 82 YEARS, S/O.LATE KEASAVAN, R/A. SWAMIVELIYIL HOUSE CHARAMANGALAM, MAYITHARA, MARKET P.O.

CHERTHALA, ALAPPUZHA DISTRICT.

(RETIRED DRIVER K.S.R.T.C., CHERTHALA) * (DECEASED) ** PETITIONERS 2 TO 4 ARE IMPLEADED AS SUPPLEMENTAL PETITIONERS OF DECEASED PETITIONER SATHYA BHAMA AGED 79 YEARS, WIFE OF LATE K.BHASKARAN RESIDING AT SWAMIVELIYIL HOUSE (NAMBIDIPARAMBIL) CHARAMANGALAM, VARANAM PO., CHERTHALA - 688 555). 3.

GEETHA. B.

AGED 45 YEARS, DAUGHTER OF LATE K.BHASKARAN RESIDING AT CHELLATTU HOUSE, VADACKAL PO.

ALAPPUZHA - 688003.

4.

ANIL KUMAR. B AGED 43 YEARS, SON OF LATE K.BHASKARAN RESIDING AT SWAMIVELIYIL HOUSE (NAMBIDIPARAMBIL) CHARAMANGALAM, VARANAM PO., CHERTHALA-688555. ** ADDL PETITIONERS 2 TO 4 ARE IMPLEADED AS SUPPLEMENTAL PETITIONERS OF DECEASED PETITIONER AS PER ORDER DATED 13.01.2012 IN IA.445/2012 BY ADVS.SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS RESPONDENTS:

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

THE KERALA STATE ROAD TRANSPORT CORPORATION REP. BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM.

*** ADDL. R2 IMPLEADED THE ASSISTANT ZILA SAINIK WELFARE OFFICER ZILA SAINIK WELFARE OFFICER-IN-CHARGE ALAPPUZHA - 688002.

*** ADDL.R2 IS IMPLEADED AS SUPPLEMENTAL RESPONDENT AS PER ORDER DATED 15.02.2012 IN IA.2245/2012 R1 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC SRI.K.PRABHAKARAN, SC, K.S.R.T.C.

SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC SRI.BABU JOSEPH KURUVATHAZHA, SC, KSRTC SRI.JAMES KOSHY.N., SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

COPY OF APPLICATION SUBMITTED BY THE PETITIONER TO RESPONDENT P2 :

COPY OF CERTIFICATE OF DISCHARGE ISSUED BY THE O.G. 'DEMOB CENTRE RIASR. (MT)', TO THE PETITIONER P3 :

COPY OF LETTER NO. PLB 10-16162/92 ISSUED BY THE RESPONDENT TO THE PETITIONER P4:

COPY OF JUDGMENT IN O.S. NO. 173/1995 OF THE SUB COURT, CHERTHALA P5:

COPY OF DUPLICATE DISCHARGE CERTIFICATE ISSUED BY MILITARY AUTHORITY TO THE PETITIONER P6:

COPY OF JUDGMENT IN W.P.(C). NO. 5155/2004 (L) OF THE HIGH COURT OF KERALA, ERNAKULAM P7:

COPY OF JUDGMENT IN A.S. NO. 402/2001(C) OF THE HIGH COURT OF KERALA, ERNAKULAM P8:

COPY OF ORDER ISSUED BY THE RESPONDENT TO THE PETITIONER RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 26605 OF 2004 ---------------------------------------- Dated this the 03rd day of July, 2015

JUDGMENT

It has been conceded in the counter affidavit filed by the additional second respondent that the petitioner had served in the Indian Army - RIASC (MT) from 23.11.1941 to 26.12.1946. There is no reason as to why the benefit of Rule 8(b) of Part III of the Kerala Service Rules shall not be extended to the petitioner therefore. The petitioner cannot be said to be guilty of any laches in view of the earlier litigations and also the fact that the above Rule was introduced in the year 1980 much after the petitioner retired from service in the year 1976. I quash Ext. P8 order and direct the first respondent to reckon the military service rendered by the petitioner for pensionary benefits as per Rule 8(b) of Part III of the Kerala Service Rules. Orders to this effect shall be passed within a period of one month from today and consequent disbursement of pensionary benefits shall be followed. The

W.P.(C). NO. 26605 OF 2004 2 eligible amount shall be disbursed to the legal heirs since the petitioner died pending the writ petition on 01.03.2008. The writ petition is disposed of.

V. CHITAMBARESH JUDGE