Disposed

K.Krishnan Asari v. Kerala State Road Transport Corporation

Kerala HC1 Feb 2012WP(C)/2596/2012

Case brief

AI extract

What is this about?

Petitioners, retired KSRTC employees, sought a higher grade and benefits after 25 years of service. The Court directed the respondent to consider their representations and grant benefits in light of a judgment in a similar case.

What did the court decide?

Left to dispose of representations (Exts.P3 to P11) by considering the judgment in W.P.(C) No. 27882/07 and granting higher grade on 25 years of service.

K.Krishnan Asari Vs Kerala State Road… — Pension and Retirement Benefits | Kerala HC (2012)

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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 B.P.RAY

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WEDNESDAY, THE 1ST DAY OF FEBRUARY 2012/12TH MAGHA 1933

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WP(C).No. 2596 of 2012 (Y)

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PETITIONERS:

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K.KRISHNAN ASARI

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RETIRED BLACK SMITH, KUNNUVILA PUTHEN VEEDU

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ATHIYANNOOR, ARALUMOODU P.O., THIRUVANANTHAPURAM.

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T.RAVEENDRAN ASARI

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RETIRED BLACK SMITH, BHARAMAMCODU, KAVUVULA VEEDU

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ATHIYANOOR, ARALUMOODU P.O., THIRUVANANTHAPURAM.

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K.SIVANKUTTY

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RETIRED BLACK SMITH, MUTHUVAKKODE

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KULATHINKARA VEEDU, NILAM, OOKKODE PO.

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THIRUVANANTHAPURAM.

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S.KRISHNAN

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RETIRED BLACK SMITH, ELAVANGATHU VEEDU, POOTHANCODE

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KANNARAVILA, NELLIMOODU P.O., THIRUVANANTHAPURAM.

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S.GANESAN ASARI

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RETIRED BLACK SMITH, GIREESH BHAVAN, THEMBAMUTTOM

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BALARAMPURAM P.O., THIRUVANANTHAPURAM.

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V.SIIVARAJAN

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RETIRED BLACK SMITH, ASWATHY BHAVAN, AMBALAVILAKAM PULLAMTHERI, KARAKKONAM P.O., THIRUVANANTHAPURAM.

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A.GNANSIKHAMONY

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RETIRED BLACK SMITH, CHRISTIAN HOUSE, PULLAMTHERI

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KARAKKONAM P.O., THIRUVANANTHAPURAM.

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C.SUNDARAN

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RETIRED BLACK SMITH, AISWARYA, VALIYARATHALA

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ATHIYANNOOR, ARALUMMOODU P.O., THIRUVANANTHAPURAM.

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D.JUSTIN JAYAPAUL

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RETIRED COACH BUILDER, PAUL COTTAGE, PULLAMALA

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AMARAVILA P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.S.MOHAMMED AL RAFI

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W.P.(C) No. 2596/2012

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: 2:

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RESPONDENTS:

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KERALA STATE ROAD TRANSPORT CORPORATION

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REPRESENTED BY ITS MANAGING DIRECTOR

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TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 023.

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THE EXECUTIVE DIRECTOR (A) KERALA STATE ROAD TRANSPORT CORPORATION

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TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 023.

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R BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 2596/2012

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: 3:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF THE MEMORANDUM DATED 16.01.2007 ISSUED BY THE 2ND RESPONDENT.

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EXT.P2 : TRUE COPY OF THE JUDGMENT DATED 01.12.2010 IN W.P.(C) NO. 27882/07 PASSED BY THIS HON'BLE COURT.

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EXT.P3 : TRUE COPY OF THE REPRESENTATION DATED 28.12.2011 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P4

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: TRUE COPY OF THE REPRESENTATION DATED 28.12.2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P5 : TRUE COPY OF THE REPRESENTATION DATED 28.12.2011 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P6 : TRUE COPY OF THE REPRESENTATION DATED 28.12.2011 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P7 : TRUE COPY OF THE REPRESENTATION DATED 28.12.2011 SUBMITTED BY THE 5TH PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P8 : TRUE COPY OF THE REPRESENTATION DATED 28.12.2011 SUBMITTED BY THE 6TH PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P9 : TRUE COPY OF THE REPRESENTATION DATED 28.12.2011 SUBMITTED BY THE 7TH PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P10 : TRUE COPY OF THE REPRESENTATION DATED 28.12.2011 SUBMITTED BY THE 8TH PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P11 : TRUE COPY OF THE REPRESENTATION DATED 28.12.2011 SUBMITTED BY THE 9TH PETITIONER BEFORE THE 1ST RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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P.A. TO JUDGE.

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W.P.(C) No. 2596/2012

: 4:

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No.2596 of 2012

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- - - - - - - - - - - - - - - -

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Dated this the 1^st day of February, 2012.

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JUDGMENT

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Heard the learned counsel for the petitioners and the learned Standing Counsel for KSRTC.

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The petitioners have approached this Court with the

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following prayers.

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Issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to grant higher grade and to disburse consequentlial benefits to the petitioners on account of their completion of 25 years of service forthwith.

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Issue a writ of mandamus or writ of similar nature or order or direction commanding the 1^st respondent to consider Exts.P3 to P11 representations and to pass appropriate orders sanctioning higher grade on completion of 25 years of service and disbursing the consequentlial benefits to the petitioners forthwith.

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The petitioners are the retired employees of the Kerala State Road Transport Corporation. They belong to the General category of mechanical staff. All of them have rendered more than 25 years of service. They have retired from service without getting any promotion. By Ext.P1 order dated 16.01.2007, the 1^st respondent has granted higher grade to 7 classes of persons on completion of 25 years. Being aggrieved by the denial of the above benefits to the

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W.P.(C) No. 2596/2012 : 2:

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petitioners, this writ petition has been filed.

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The learned counsel for the petitioners submits that similarly situated persons have been given benefits based on Ext.P2 judgment. The petitioners submitted Exts.P3 to P11 representations before the 1^st respondent.

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In that view of the matter, there will be a direction to the first respondent to dispose of Exts.P3 to P11 representations in the light of Ext.P2 judgment, within two months from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to the petitioners.

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This writ petition is disposed of as above.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No. 2596/2012

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: 3:

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B.P. RAY, J.

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O.P.No. 13887 of 2002

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Dated this the 12^th day of January, 2012.

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W.P.(C) No. 2596/2012

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: 4:

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JUDGMENT

K.Krishnan Asari v. Kerala State Road Transport Corporation

Case brief

What is this about?

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K.Krishnan Asari v. Kerala State Road Transport Corporation

Case brief

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