Disposed

P.Vasudeva Panicker and 2 Others v. the Kerala State Road Transport Corporat

Kerala HC7 Apr 2008WP(C)/6965/2008

Case brief

AI extract

What is this about?

Petitioners, retired drivers of KSRTC, seek inclusion of prior provisional service in retirement benefits. Bench relies on Idicula Abraham case, directing Corporation to consider claims expeditiously.

What did the court decide?

Direction to the 1st respondent to consider the petitioner's claim regarding counting of provisional services for retirement benefits.

P.Vasudeva Panicker and 2 Others Vs the… — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930

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WP(C).No. 6965 of 2008(D)

PETITIONERS:

P.VASUDEVA PANICKER VRINDAVANAM, AMAYIDA, AMBALAPUZHA EAST PO, ALAPPUZHA, (DRIVER (RETD) KSRTC, ALAPPUZHA).

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A.ABOOBACKER KUNJU KARIKKASSERI HOUSE, PONNAD P.O., MANNANCHERY (DRIVER (RETD) KSRTC, ALAPPUZHA).

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G.RAJAN, KAMBIVALAPPIL VEEDU KAKKAZHOM, ALAPPUZHA, NOW RESIDING AT LAXMI NIVAS PARAVOOR, ALAPPUZHA (PUMP OPERATOR (RETD) KSRTC, ALAPPUZHA).

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BY ADV. SRI.ANANDARAJAN.N

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SRI.K.K.MANGALANANDAN

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RESPONDENTS:

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THE KERALA STATE ROAD TRANSPORT CORPORATION,REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM -23

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THE DISTRICT TRANSPORT OFFICER

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K.S.R.T.C ALAPPUZHA.

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BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6965/2008/D

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT. P1:	COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 1ST PETITIONER BY THE RESPONDENT CORPORATION.
EXT. P2:	COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 2ND PETITIONER BY THE RESPONDENT CORPORATION.
EXT. P3:	COPY OF THE INTIMATION SLIP OF THE PENSION PAYMENT ORDER ISSUED TO THE 3RD PETITIONER BY THE RESPONDENT CORPORATION.
EXT. P4(A):	COPY OF THE SERVICE BOOK OF THE 1ST PETITIONER PAGE 1.
EXT. P4(B):	COPY OF THE SERVICE BOOK OF THE 1ST PETITIONER PAGE 2.
EXT. P4(C):	COPY OF THE SERVICE BOOK OF THE 1ST PETITIONER PAGE 3 SHOWING THE PROVISIONAL SERVICE.
EXT. P4(D):	COPY OF THE SERIVICE BOOK OF THE 1ST PETITIONER PAGE 6 SHOWING THE DATE OF APPOINTMENT AS PER THE ADVICE OF P.S.C.
EXT. P5(A):	COPY OF THE SERVICE BOOK OF THE 2ND PETITIONER PAGE 1.
EXT. P5(B):	COPY OF THE SERVICE BOOK OF THE 2ND PETITIONER PAGE 6 SHOWING THE DATE OF ENTRY IN THE PROVISIONAL SERVICE.
EXT. P5(C):	COPY OF THE SERVICE BOOK OF THE 2ND PETITIONER PAGE 11 SHOWING THE DATE OF TERMINATION OF PROVISIONAL SERVICE.
EXT. P5(D):	COPY OF THE SERVICE OF THE 2ND PETITIONER PAGE 12 SHOWING THE DATE OF ENTRY INTO THE REGULAR SERVICE.
EXT. P6(A):	COPY OF THE SERVICE BOOK OF THE 3RD RESPONDENT PAGE 1.
EXT. P6(B):	COPY OF THE SERVICE BOOK OF THE 3RD PETITIONER PAGE 3 SHOWING THE DETAILS OF PROVISIONAL SERVICE.
EXT. P6(C):	COPY OF THE SERVICE BOOK OF THE 3RD PETITIONER PAGE 6 SHOWING THE DATE OF APPPOINTMENT AS PER THE ADVICE OF P.S.C.
EXT. P7:	COPY OF THE JUDGMENT IN W.P.(C) NO.29474/2006 PASSED BY THIS HONOURABLE COURT DT. 9.11.2006.
EXT. P8:	COPY OF THE ORDER ONO.LR8023330/97 DATED 27.1.2007 ISSUED BY THE RESPONDENT CORPORATION FOR COUNTING THE PROVISIONAL SERVICE.

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WP(C).No. 6965/2008/D

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EXT. P9: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE RESPONDENT CORPORATION DATED 16.4.2007.

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EXT. P10: COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE RESPONDENT CORPORATION DATED 16.4.2007.

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EXT. P11: COPY OF THE REPRSENTATION SUBMITTED BY THE 3RD RESPONDENT BY THE 3RD PETITIONER BEFORE THE RESPONDENT CORPORATION DATED 16.4.2007.

/TRUE COPY/

P.A. TO JUDGE

S.SIRI JAGAN, J. ======================= W.P.(C) No.6965 of 2008(D)

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=======================

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Dated this the 7^th day of April, 2008

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JUDGMENT

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The petitioners claim that they had prior provisional service in the KSRTC before joining the KSRTC on regular basis. Subsequently, they retired from service. They seek counting of provisional services also for the purpose of calculating retirement benefits due to them. According to them they are eligible for such relief in view of the decision of this Court in Idicula Abraham v. K.S.R.T.C. and others [2005 (3) KLT SN 67] as also subsequent order passed by the KSRTC in terms of the decision.

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I have heard the learned standing counsel appearing for the Corporation also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1^st respondent to consider the claim of the petitioner as detailed in Exts. P9, P10 and P11, in terms of the decision in Idicula Abraham v. K.S.R.T.C. and Others and subsequent order passed

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W.P.(C) No.6965/2008/D -2-

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by the KSRTC as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Petitioner shall produce a certified copy of the judgment along with a copy of the writ petition before the 1^st respondent for compliance.

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S.SIRI JAGAN, JUDGE

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P.Vasudeva Panicker and 2 Others v. the Kerala State Road Transport Corporat

Case brief

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P.Vasudeva Panicker and 2 Others v. the Kerala State Road Transport Corporat

Case brief

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