High Court of KeralaWP(C)/18099/2015disposed of

G.Sreekantan v. Kerala State Road Transport Corporation

2015-06-17Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 WP(C).No. 18099 of 2015 (J) ---------------------------- PETITIONER(S) :

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1. G.SREEKANTAN, AGED 58 YEARS VINEETH NIVAS, SASTHAVATTOM P.O., THIRUVANANTHAPURAM - 695 305 (DRIVER, NEDUMANGAD DEPOT, RETIRED ON 30.11.2013)

2. M.BHUVANENDRAN NAIR, VYSAKH, PUTHUKULANGARA P.O.

NEDUMANGAD P.O., THIRUVANANTHAPURAM - 695 541 (DRIVER, VELLANAD DEPOT, RETIRED ON 30.9.2014)

3. E.NJANADAS, THALIKKUNNIL VEEDU, PERAYAM P.O., PACHA, PALODE, THIRUVANANTHAPURAM - 695 562 (DRIVER, NEDUMANGADU DEPOT, RETIRED ON 31.5.2015) BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S):

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1. KERALA STATE ROAD TRANSPORT CORPORATION REP. BY THE MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, THIRUVANANTHAPURAM PIN : 695 023 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS

WP(C).No. 18099 of 2015 (J) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXT.P1 :

COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 7.4.2012 ISSUED FROM THE KSRTC EXT.P2 :

COPY OF THE RELEVANT PAGES OF THE MEMORANDUM OF SETTLEMENT DATED 13.4.1999 EXT.P3 :

COPY OF CASH RECEIPT ISSUED BY THE KSRTC TO THE PETITIONERS EXT.P4 :

COPY OF THE PENSION PASS OF THE PETITIONERS ISSUED BY THE KSRTC EXT.P5 :

COPY OF JUDGMENT DATED 18.3.2015 IN WP(C) NO.7914/2015 OF THIS HONOURABLE COURT.

RESPONDENT(S)' EXHIBITS :

NIL ------------------------------------------- /TRUE COPY/ PA TO JUDGE VS

V.CHITAMBARESH, J ----------------------------------------------- W.P.(C).No.18099 of 2015 ----------------------------------------------- Dated this the 17th 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 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 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 of

W.P.(C).No.18099 of 2015 course to 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.

Sd/- V.CHITAMBARESH JUDGE vs