Disposed

P.Kunjunni Nair v. Kerala State Road Transport Corporation

Kerala HC22 Feb 2012WP(C)/4285/2012

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by retired KSRTC employees seeking grade promotion with retrospective effect. The petitioner submitted a representation citing a prior judgment. The court directed the respondent to dispose of the representation within two months after a hearing.

What did the court decide?

Directed respondent to dispose of petitioners' representation within two months after hearing.

P.Kunjunni Nair 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 22ND DAY OF FEBRUARY 2012/3RD PHALGUNA 1933

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WP(C).No. 4285 of 2012 (I)

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PETITIONERS:

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P.KUNJUNNI NAIR

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(CHARGEMAN,KSRTC,CENTRAL WORKS RETIRED ON 31.7.2006)VISHNU VIHAR TC-19/1739 KRRA-43 MUDAVANMUKAL POOJAPPURA P.O

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THIRUVANANTHAPURAM 43

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S.GANGADHARAN

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(MECHANIC KSRTC POOVAR DEPOT, RETIRED ON 31.5.2003) B.S.BHAVAN CHEMMANNUVILA VADAKODE PERUMPAZHUTHOOR P.O., THIRUVANANTHAPURAM

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M.CHANDRASEKHARAN NAIR

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(CHARGEMAN, KSRTC CENTRAL WORKS, RETIRED ON 30.09.2006) K.V.HOUSE PAPPANAMCODE P.O THIRUVANANTHAPURAM

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R.RAJAPPAN

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(TINKER, KSRTC CENTRAL WORKS, RETIRED ON 30.11.2003) LEELA BHAVAN VENJARA KUNNU, KIZHAKKE MUKKOLA KALLAYAM P.O NEDUMANGADU, THIRUVANANTHAPURAM

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S.JAYAPRAKASAN

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(TINKER KSRTC, ATTINGAL DEPOT, RETIRED ON 31.12.2002)

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MADATHIL MANGATTUMOOLA OORUPIKA P.O ATTINGAL THIRUVANANTHAPURAM

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S.KAMAPALAN

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BLACKSMITH KSRTC CENTRAL WORKS RETIRED ON 30.04.2006) GOKULAM KIZHAKETHENVILA, MANGALATHINKONAM, KATTACHAKUZHI 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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BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4285 of 2012 (I)

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: 2 :

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APPENDIX

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PETITIONERS' 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.P2A TRUE COPY OF JUDGMENT DATED 1.12.2010 IN WPC NO.27882 OF 2007

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EXT.P3A TRUE COPY OF REPRESENTATION DATED 12.12.2011 FILED BY THE PETITIONERS BEFORE THE RESPONDENT.

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RESPONDENT'S EXHIBITS : NIL

//True Copy//

P.A. to Judge.

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No. 4285 of 2012

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

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Dated this the 22^nd 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 representation before the respondent.

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W.P.(C) No. 4285/2012

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: 2:

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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 petitioners 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. 4285/2012

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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

P.Kunjunni Nair v. Kerala State Road Transport Corporation

Case brief

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P.Kunjunni Nair v. Kerala State Road Transport Corporation

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