Disposed

T.Stephen Das v. Kerala State Road Transport Corporation

Kerala HC1 Feb 2012WP(C)/2682/2012

Case brief

AI extract

What is this about?

Retired KSRTC employees filed a writ petition seeking grade promotion and consequential benefits with retrospective effect from the date of attaining 25 years of service, citing a bilateral agreement and a prior judgment.

What did the court decide?

Direction to dispose of the representation within two months after giving an opportunity of hearing.

T.Stephen Das Vs Kerala State Road Transport… — 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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WPC.No. 2682 of 2012 (I)

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PETITIONERS:

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T.STEPHEN DAS

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(CHARGEMAN, KSRTC, CENTRAL WORKS RETIRED ON 29/2/2008), MAKAYIRAM, GOPURATHINKALA KARIPOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM.

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P.KUMARADAS,

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(CHARGEMAN, KSRTC, CENTRAL WORKS, RETIRED ON 31/3/2010), VASANTHALAYAM COMPOUND TC 29/1002-5, ARA NO.38, PETTAH THIRUVANANTHAPURAM.

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H.SATHAR SAIT,

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(TYRE RETREADER, KSRTC, CENTRAL WORKS RETIRED ON 31/5/2007), SAFLEKHA, TC 28/1577 KUNJU VEEDU LANE, SREEKANDESWARAM THIRUVANANTHAPURAM.

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L.CHRISTUDASAN,

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(TYRE RETREADER, KSRTC, CENTRAL WORKS RETIRED ON 31/3/2005), CHRISTU NIVAS, MOOLAKONAM

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KOOVALASSERI P.O., THIRUVANANTHAPURAM.

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J.STANLY,

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(CHARGEMAN, KSRTC, CENTRAL WORKS

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RETIRED ON 31/3/2010), JIJI NIVAS, PERUKAVU

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PERUKAVU P.O., THIRUVANANTHAPURAM.

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K.SIVARAMAN ASSARY,

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(COACH BUILDER, KSRTC, CENTRAL WORKS

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RETIRED ON 31/5/1996), SREE SATMAM, NEAR GHS

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KARAKULAM, KARAKULAM P.O., THIRUVANANTHAPURAM.

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G.MAHADEVAN ASSARY,

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(COACH BUILDER, KSRTC, CENTRAL WORKS RETIRED ON 31/1/2006), JEEVANDHAM, PAPPADU

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KACHANI P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.K.P.RAJEEVAN

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RESPONDENT:

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1 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, 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. 2682/2012

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: 2 :

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF PAGE NOS. 1 TO 3 OF THE PENSION PAYMENT ORDER ISSUED TO THE 1ST PETITIONER DATED NIL.

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EXT.P1A : TRUE COPY OF PAGE NOS. 1 TO 3 OF THE PENSION PAYMENT ORDER ISSUED TO THE 2ND PETITIONER DATED NIL.

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EXT.P1B : TRUE COPY OF PAGE NOS. 1 TO 3 OF THE PENSION PAYMENT ORDER ISSUED TO THE 3RD PETITIONER DATED NIL.

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EXT.P1C : TRUE COPY OF PAGE NOS. 1 TO 3 OF THE PENSION PAYMENT ORDER ISSUED TO THE 4TH PETITIONER DATED NIL.

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EXT.P1D : TRUE COPY OF PAGE NOS. 1 TO 3 OF THE PENSION PAYMENT ORDER ISSUED TO THE 5TH PETITIONER DATED NIL.

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EXT.P1E : TRUE COPY OF PAGE NOS. 1 TO 3 OF THE PENSION PAYMENT ORDER ISSUED TO THE 6TH PETITIONER DATED NIL.

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EXT.P1F : TRUE COPY OF PAGE NOS. 1 TO 3 OF THE PENSION PAYMENT ORDER ISSUED TO THE 7TH PETITIONER DATED NIL.

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EXT.P2 : TRUE COPY OF JUDGMENT DATED 01.12.2010 IN W.P. (C) NO. 27882 OF 2007.

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EXT.P3 : TRUE COPY OF REPRESENTATION DATED 23.11.2011 FILED BY THE PETITIONERS BEFORE THE RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE.

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No. 2682 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 prayer.

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Call for the records leading to this case and issue a writ of mandamus directing the respondent to grant grade promotion to the petitioners with retrospective effect from the date of attaining 25 years of service and disburse all consequential benefits with arrears.

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The petitioners are the retired employees of the Kerala State Road Transport Corporation. All of them have rendered more than 25 years of service. They have retired from service without getting any promotion. As per the bilateral agreement dated 28.12.1990, the petitioners are eligible for getting grade promotion on attaining 25 years of service. Being aggrieved by the denial of grade promotion to the 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

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W.P.(C) No. 2682/2012

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: 2:

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representation before the respondent.

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In that view of the matter, there will be a direction to the respondent to dispose of Exts.P3 representation submitted by the petitioner 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. 2682/2012

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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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JUDGMENT

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W.P.(C) No. 2682/2012 : 4:

T.Stephen Das v. Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

T.Stephen Das v. Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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