P.K.Sivadas v. Kerala State Road Transport Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 -------------------------------------- PETITIONERS:

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

P.K.SIVADAS, AGED 51 YEARS SON OF K KUTTAPPA PANICKER MECHANIC GRADE II, THODUPUZHA DEPOT RESIDING AT CHERUKATTIL HOUSE, PEERIMEDU, IDUKKI 685 531 2.

K.K. SADANANDAN, AGED 51 YEARS SON OF K.P. KUMARAN, MECHANIC GRADE II, THODUPUZHA DEPOT, RESIDING AT KANDATHIPURACKAL, VANAPPURAM P.O., THODUPUZHA, IDUKKI 3.

P.M. KURIACHAN, AGED 51 YEARS SON OF MATHAI, MECHANIC GRADE II, THODUPUZHA DEPOT, RESIDING AT PARAYIL, KANJAAR P.O., THODUPUZHA, IDUKKI 4.

P.J. LUKA, AGED 51 YEARS SON OF P.S. JOSEPH, MECHANIC GRADE II, THODUPUZHA DEPOT, RESIDING AT PUTHIYAVEETTIKUNAMPURATHU HOUSE, KUMMUNOOR P.O., PALA, KOTTAYAM 686 572 5.

THOMAS BENNY KORAH, AGED 52 YEARS SON OF KORAH, MECHANIC GRADE II, THODUPUZHA DEPOT, RESIDING AT VADAKKEKUZHIKATTIL HOUSE AMAYANOOR P.O., KOTTAYAM DISTRICT 6.

ANILKUMAR K.S., AGED 51 YEARS, SON OF SAHADEVAN K.N., MECHANIC GRADE II, ADOOR DEPOT, RESIDING AT ANANDU BHAVAN, CHENIRKARA P.O.

PATHANAMTHITTA DISTRICT, 689 517

7.

V.P. VINOD KUMAR, AGED 44 YEARS, SON OF PADMANABHAN MECHANIC GRADE II, PANTHALAM DEPOT, RESIDING AT VINOD BHAVAN, ULLANUR P.O., KULANGARA, PATHANAMTHITTA 689 503 8.

M.S. BALAKRISHNAN, AGED 44 YEARS SON OF T.P. SIVAN, MECHANIC GRADE II, RANNI DEPOT, RESIDING AT MURALI BHAVAN, EDAKULAM RANNI, PATHANAMTHITTA DISTRICT 689 672 9.

P.R. BENU, AGED 44 YEARS SON OF P.A. RAJAPPAN, MECHANIC GRADE II, RANNI DEPOT, RESIDING AT POWATH, THOTTAMON RANNI P.O., PATHANAMTHITTA 689 672 10.

K. RADHKRISHNA KURUP, AGED 48 YEARS, SON OF K. KUNJAN PILLAI MECHANIC GRADE II, ADOOR DEPOT, RESIDING AT BHARATHI VILASAM BUNGLOW PAZHAKULAM WEST P.O., PATHANAMTHITTA DISTRICT 691 527 11.

HARIS H. SON OF A.M. HANEEF, AGED 43 YEARS, MECHANIC GRADE II ERATTUPETA DEPOT, RESIDING AT PUTHIYAPARAMBIL HOUSE NADACKEL P.O., ERATTUPETA KOTTAYAM DISTRICT.

12.

P.R. VIJAYAKUMAR, AGED 52 YEARS SON OF P.K. RAGHAVAN NAIR MECHANIC GRADE II, ERATTUPETTA DEPOT, RESIDING AT PANDANATHU HOUSE, MADAKKUNNU P.O., KOTTAYAM DISTRICT 13.

SHYLAN, AGED 46 YEARS SON OF VASU, MECHANIC GRADE II, ERATTUPETTA DEPOT, RESIDING AT ONATTUKAROTTU HOUSE PATHAMUTTOM P.O., KOTTAYAM DISTRICT BY ADV. SMT.AMBILY (PREMKUMAR)

RESPONDENT:

---------------------------- REPRESENTED BY ITS 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 20-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DCS

APPENDIX PETITIONER'S EXHIBITS:- EXT. P1:

COPY OF THE G.O.(MS) NO. 78/2011/TRAN DATED 22.12.2011 ISSUED BY THE GOVERNMENT OF KERALA EXT. P2:

COPY OF THE REPRESENTATION DATED 6.6.2015 SUBMITTED BY THE PETITIONERS 1 TO 3 BEFORE THE RESPONDENT EXT. P3:

COPY OF THE JUDGMENT DATED 9.4.2015 IN W.P.(C). NO. 11937 OF 2015 OF THIS HONOURABLE COURT RESPONDENT'S EXHIBITS:-NIL /TRUE COPY/ P.A. TO JUDGE DCS

V.CHITAMBARESH, J.

-------------------------------------- W.P (C) No.25527 of 2015 ----------------------------------------- Dated this the 20th day of August, 2015

J U D G M E N T

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 [2015 (1) KLT 1051 (LB)]. 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 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

WP(C)No.25527/2015 this Court as regards the petitioners would also be subject to the modification if any by the Supreme Court in the Special Leave Petition 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.

V.CHITAMBARESH, JUDGE.

DCS.