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High Court of KeralaWP(C)/22646/2015disposed of

K. Sukumaran v. Kerala State Road Transport Corporation

2015-07-28Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 WP(C).No. 22646 of 2015 (E) ---------------------------- PETITIONER:

------------------ K. SUKUMARAN, RETIRED INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, ANASWARA, ZILLA COURT WARD, THATHAMPALLI P.O., ALAPPUZHA.

BY ADV. SRI.AJITH KRISHNAN RESPONDENT:

--------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 023.

BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 22646/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE REPRESENTATION DTD. 18.06.2015 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 22646 OF 2015 ------------------------------------ Dated this the 28th day of July, 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 [2015(1) KLT 1051]. 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 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 petitioner would also be subject to the modification if any by the Supreme Court in the

WP(C) No. 22646/2015 Special Leave Petition ofcourse to be filed. The respondent is 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