Disposed

P.Viswanathan Assary v. Kerala State Road Transport Corporation

Kerala HC14 Feb 2012WP(C)/3688/2012

Case brief

AI extract

What is this about?

Petitioners, retired KSRTC employees claiming 25 years of service, filed a writ petition seeking grade promotion and consequent benefits under a bilateral agreement. The Court directed the respondent to dispose of the petitioners' representation within three months, following a cited judgment, after affording them an opportunity of hearing.

What did the court decide?

Direction to the respondent to dispose of the representation filed by petitioners within three months after hearing.

P.Viswanathan Assary Vs Kerala State Road… — Pension and Retirement Benefits | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE B.P.RAY

¶4

TUESDAY, THE 14TH DAY OF FEBRUARY 2012/25TH MAGHA 1933

¶5

WPC.No. 3688 of 2012 (I)

¶6

PETITIONERS:

¶7

P.VISWANATHAN ASSARY (BLACKSMITH,KSRTC,CENTRAL WORKS,

¶8

RETIRED ON 31.8.1988),LALIATH HOUSE,M.P.WARD III 985 PALOTHIVILA,MALAYINKIL.P.O,THIRUVANANTHAPURAM.

¶9

C.NATESAN ASSARY, (COACH BUILDER,KSRTC CENTRAL WORKS RETIRED ON 29.2.2000) SURESH BAHAVAN,CHITTIYOORKODE, ANTHIYOORKONAM KALLODE.P.O,MALAYINKIL, THIRUVANANTHAPURAM-695571.

¶10

S.RAJENDRAN, (BLACKSMITH,KSRTC,PEROORKADA DEPOT RETIRED ON 28.2.2007,VATTAVILAKATHU VEEDU SARITHA BHAVAN, IRUMPA, ARUVIKKARA.P.O THIRUVANANTHAPURAM.

¶11

S.VELAPPAN ASSARY,

¶12

(COACH BUILDER,KSRTC,CENTRAL WORKS RETIRED ON 31.5.2002), KADAKULAM, MULLOOR.P.O NEYYATTINKARA,

¶13

THIRUVANANTHAPURAM.

¶14

R.VELAPPAN, (COACH BUILDER,KSRTC,VIKAS BHAVAN RETIRED ON 30.9.2004), SANTHALAYAM,MULLOOR MULLOOR.P.O, THIRUVANANTHAPURAM.

¶15

K.SASIDHARAN NAIR,

¶16

(TYRE RETREADER,KSRTC,CENTRAL WORKS RETIRED ON 28.2.2006),ASHA NIVAS,PURAVOOR CHIRAYINKEEZHU, THIRUVANANTHAPURAM.

¶17

S.GOPINATHAN,

¶18

(BLACKSMITH,KSRTC,CENTRAL WORKS RETIRED ON 31.5.2003), SAJITH VIHAR KULATHUVILA PERUMPAZHUTHOOR,

¶19

W.P.(C) No. 3688/2012

¶20

: 2:

¶21

NEYYATTINKARA THIRUVANANTHAPURAM.

¶22

K.RAJAN, (CHARGEMAN,KSRTC,CENTRAL WORKS RETIRED ON 31.3.2010),VARUVILAKATHU PUTHEN VEEDU PARUTHIPPALLY, MANNOORKARA, KUTTICHAL.P.O KATTAKADA, THIRUVANANTHAPURAM.

¶23

BY ADVS.SRI.K.P.RAJEEVAN SMT.P.L.MARY TREASA PL

¶24

RESPONDENT:

¶25

1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN,FORT, THIRUVANANTHAPURAM - 695 023.

¶26

BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

¶27

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶28

W.P.(C) No. 3688/2012

¶29

: 3:

¶30

APPENDIX

¶31

PETITIONER'S EXHIBITS:

¶32

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

¶33

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

¶34

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

¶35

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

¶36

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

¶37

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

¶38

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

¶39

EXT.P1G : TRUE COPY OF PAGE NOS. 1 TO 3 OF THE PENSION PAYMENT ORDER ISSUED TO THE 8TH PETITIONER DATED NIL.

¶40

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

¶41

EXT.P3 : TRUE COPY OF REPRESENTATION DATED 22.12.2011 FILED BY THE PETITIONERS BEFORE THE RESPONDENT.

¶42

RESPONDENTS' EXHIBITS: NIL

¶43

//TRUE COPY//

¶44

P.A. TO JUDGE

¶45

W.P.(C) No. 3688/2012

: 4:

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No. 3688 of 2012

¶50

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

¶51

Dated this the 14^th day of February, 2012.

¶52

JUDGMENT

¶53

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

¶54

The petitioners have approached this Court with the following prayer.

¶55

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.

¶56

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.

¶57

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

¶58

W.P.(C) No. 3688/2012

¶59

: 2:

¶60

representation before the respondent.

¶61

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

¶62

This writ petition is disposed of as above.

¶63

sd/- B.P. RAY, JUDGE.

¶64

¶65

W.P.(C) No. 3688/2012

¶66

: 3:

¶67

B.P. RAY, J.

¶68

O.P.No. 13887 of 2002

¶69

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

¶70

JUDGMENT

¶71

W.P.(C) No. 3688/2012 : 4:

P.Viswanathan Assary v. Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

P.Viswanathan Assary v. Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

N.Gopinathan Pillai Vs State of Kerala

P.Hemalatha Vs Asst. Educational Officer

Sajikumar.K Vs the District Collector,Pathanamthitta

Kodiyath Kizhakke Veettil Rajeswari Vs Kerala State Electricity Board

Babu C. George Vs Kerala State Electricity Board

K.Surendran Vs Kerala State Road Transport Corporation