Petitioner claimed pension benefits including CRPF service reckoning under Kerala Service Rules adopted by the autonomous KSRTC. Court held that independent sexual violence orders issued by the Government under the Kerala Service Rules are not automatically applicable to autonomous bodies unless specifically adopted.
The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930
WP(C).No. 2504 of 2005(W) -------------------------
PETITIONER(S):
M.A.KUNJU MOHAMMED, RETIRED SERGEANT, K.S.R.T.C CORPORATION, ERNAKULAM, NOW RESIDING AT AZHIKKAKATH HOUSE, NETTOOR P.O., ERNAKULAM.
BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.V.MADHUSUDHANAN
RESPONDENT(S):
THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM.
ADV. SRI. P. PARAMESWARAN NAIR. ADV. SRI. K. PRABHAKARAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING:
PETITIONER'S EXHIBITS: W.P.C.NO. 2504/2005.
EXT.P1 TRUE COPY OF CERTIFICATE OF SERVICE. EXT.P2 ORDER DT. 2-6-2000.
EXT.P3 GOVT. ORDER DT. 26-10-1990. EXT.P4 GOVT. ORDER DT. 3-3-1997. EXT.P5 REPRESENTATION DT. 11-7-2000. EXT.P6 JUDGMENT IN O.P.NO. 26794/2000. EXT.P7 ORDER DT. 3-9-2004.
EXT.P8 MEMORANDUM DT. 4-12-2004.
EXT.P9 ORDER DT. 14-1-2005.
[TRUE COPY]
P.S TO JUDGE.
S. Siri Jagan, J.
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W. P (C) No. 2504 of 2005
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Dated this, the 4th February, 2009.
J U D G M E N T
The petitioner entered service of Kerala State Road Transport Corporation as a Sergeant on 24-8-1978. Prior to joining the Kerala State Road Transport Corporation, the petitioner put in service in the CRPF for the period from 1-7-1964 to 26-6-1976. He retired from the service of the Kerala State Road Transport Corporation on 31-1-2000. By Ext. P2, retirement benefits were sanctioned to him. But, in the same, the service put in by him in the CRPF was not reckoned for the purpose of calculation of retirement benefits. According to him, going by Exts.P.3 and P4 Government Orders, service put in CRPF qualifies as qualifying service for the purpose of pension. The petitioner would submit that in view of the fact that the Kerala State Road Transport Corporation is following KSR for the purpose of pension to its employees, Government Orders referred to above as also Rules 8, 10 and 11 of the Kerala Service Rules and the Government decisions under the same are also applicable to the employees of the Kerala State Road Transport Corporation. Going thereby, the petitioner is entitled to get his CRPF service reckoned for the purpose of retirement benefits, is the contention of the petitioner. The petitioner therefore filed a representation Ext. P5 before the Managing Director of the Corporation. By Ext. P6 judgment, this Court directed the Managing Director to consider that representation. By Ext. P7, that representation was rejected on the ground that the Government Orders relied upon by the petitioner have not been implemented in the Corporation. The petitioner's further representation in this matter was rejected by Ext. P9. The petitioner is challenging Exts.P7 and P9 seeking the following reliefs:
“i) Issue a writ of certiorari quashing/setting aside Exts. P7
W.P.C. No. 2504/2005. -: 2 :-
and P9.
ii) issue a writ of mandamus to the respondent to consider Ext. P5 representation and to issue orders granting revised pensionary benefits reckoning the service in the CRPF also as qualifying service, and to disburse the arrears of pensionary benefits such as monthly pension, Commuted Pension and D.C.R.G.”
Accordingly, the writ petition is dismissed.
Sd/- S. Siri Jagan, Judge.
Tds/
2 issues framed by the court
Whether the CRPF service of the petitioner qualifies for reckoning in pension benefits of an autonomous body like KSRTC just because it follows Kerala Service Rules.
Whether Government Orders applicable to government servants automatically apply to employees of the Kerala State Road Transport Corporation.
M.A. Kunju Mohammed
Kerala State Road Transport Corporation
S. Siri Jagan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
