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High Court of KeralaWP(C)/17928/2015disposed of

Balachandran L v. Kerala State Road Transport Corporation

2015-06-19Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937 WP(C).No. 17928 of 2015 (M) ---------------------------- PETITIONER:

------------------ BALACHANDRAN L., CONDUCTOR GRADE 1, KSRTC (RETIRED), RESIDING AT 'AMMUKUTTY NILAYAM', KARANCHIVILAKAM, KAMALESWARAM, MANACAUD P.O., THIRUVANANTHAPURAM 695 009.

BY ADVS.SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SMT.S.LEENA RESPONDENTS:

-----------------------

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

2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001.

BY SENIOR GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17928 of 2015 (M) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 COPY OF THE APPOINTMENT ORDER NO.PLA.4/058771/97 DATED 8.3.01 ISSUED TO THE PETITIONER BY THE IST RESPONDENT. EXHIBIT P2 COPY OF THE MEMORANDUM NO.P1-1258/10/CY DATED 30.3.10 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC, THIRUVANANTHAPURAM CITY.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 17928 OF 2015 ------------------------------------ Dated this the 19th day of June, 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 Vs. Kerala State Road Transport Corporation and Others. Therefore the provisional services put in by the petitioner prior to his 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 petitioner 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 petitioner 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

WP(C) No. 17928/2015 directed to do the needful in the case of the petitioner 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 ncd