Partly allowed

K.Gopi v. Kerala Stae Road Transport Corporation

Kerala HC14 Mar 2012WP(C)/6284/2012

Case brief

AI extract

What is this about?

Retired employees of KSRTC filed a writ petition seeking grade promotion with retrospective effect after rendering 25 years of service. The court directed the respondent to dispose of the petitioners' representation within two months, in light of a prior judgment granting similar benefits to similarly situated persons. The party names are omitted per instructions.

What did the court decide?

Directed respondent to dispose of petitioners' representation within two months after hearing, in light of prior judgment Ext.P2.

K.Gopi Vs Kerala Stae 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 14TH DAY OF MARCH 2012/24TH PHALGUNA 1933

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WP(C).No. 6284 of 2012 (I)

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PETITIONERS:

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K.GOPI,

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(BLACKSMITH,KSRTC,PEROORKADA DEPOT RETIRED ON 31.10.2004),HARI NIVAS,MELEKATTAKAL MANIKANTESWARAM P.O, PEROORKADA,THIRUVANANTHAPURAM.

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A.BABY,

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(TYRE RETREADER,KSRTC,CENTRAL WORKS

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RETIRED ON 31.12.2005),SOUMYA BHAVAN

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KIZHAKKEKARA VEEDU, MANNARAKONAM,ANOODE

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PERUGADAVILA,NEYYATTINKARA, THIRUVANANTHAPURAM.

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C.KESAVANKUTTY,

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(MECHANIC,KSRTC,KATTAKADA

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RETIRED ON 30.4.2002),

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CHANDRIKA BHAVAN,ERAYANKODE

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THOONGAMPARA, KANDALA.P.O,THIRUVANANTHAPURAM.

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M.RAMACHANDRAN NAIR, (TYRE RETREADER,KSRTC,CENTRAL WORKS VOLUNTARILY RETIRED ON 29.2.2004),LEELA BHAVAN KARUMOODU, KALLAYAM.P.O,PEROORKADA THIRUVANANTHAPURAM.

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BY ADV. SRI.K.P.RAJEEVAN

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RESPONDENT:

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1 KERALA STAE 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 14-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6284 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 IST 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.P2 TRUE COPY OF JUDGMENT DATED 1.12.2010 IN WP(C) 27882 OF 2007

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EXT.P3 A TRUE COPY OF REPRESENTATION DATED 16.12.2011 FILED BY THE PETITIONERS BEFORE THE RESPONDENT.

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RESPONDENTS' EXHIBITS : NIL

//True Copy//

P.A. to Judge.

B.P. RAY, J.

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W.P.(C) No. 6284 of 2012

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Dated this the 14^th day of March, 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. 6284/2012

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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. 6284/2012

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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

K.Gopi v. Kerala Stae Road Transport Corporation

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K.Gopi v. Kerala Stae Road Transport Corporation

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