Writ petition seeking declaration that petitioners are entitled to count pre-regularisation daily wage service for pension purposes was disposed.
Petition disposed relying on K.L.Francis decision. No specific order details provided in text.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 1ST DAY OF NOVEMBER 2016/10TH KARTHIKA, 1938
WP(C).No. 34882 of 2016 (I)
PETITIONER(S):
1. M.V.JOSE, T.C. 4/1946, PANDIT COLONY, KOWADIAR P.O., THIRUVANANTHAPURAM-695 003. (CONDUCTOR, TVM CENTRAL DEPOT, RETIRED ON 30.11.2012).
2. P.VENUGOPALAN NAIR, SREEKUMAR SADANAM, VAILOORKONAM, PALLICHAL P.O., THIRUVANANTHAPURAM-695 055.
(CONDUCTOR, TVM CENTRAL DEPOT, RETIRED ON 31.5.2012).
3. S.MOHANAN,
BY ADV. SRI.N.SASIDHARAN UNNITHAN
RESPONDENT :
KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY THE MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 023.
BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 34882 of 2016 (I)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 COPY OF THE CASH RECEIPT DATED 7.8.1992 ISSUED TO THE 1ST PETITIONER FROM THE KSRTC. |
|---|
| EXHIBIT P2 COPY OF THE APPOINTMENT MEMO NO.E1/741/12/TVM CL DATED 16.4.2012 ISSUED TO THE 1ST PETITIONER. |
| EXHIBIT P3 COPY OF THE CASH RECEIPT DATED 25.8.1992 ISSUED TO THE 2ND PETITIONER. |
| EXHIBIT P4 COPY OF THE CERTIFICATE OF EMPLOYMENT DATED 23.4.1984 ISSUED TO THE 3RD PETITIONER. |
| EXHIBIT P5 COPY OF THE ADVICE LETTER DATED 27.7.1991 ISSUED FROM THE PSC TO THE 3RD PETITIONER. |
| EXHIBIT P6 COPY OF RELEVANT PAGES OF THE MEMORANDUM OF SETTLEMENT DATED 13.4.1999. |
| EXHIBIT P7 COPY OF THE PENSION PASS OF THE 1ST PETITIONER ISSUED BY THE KSRTC. |
| EXHIBIT P8 COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER OF THE 2ND PETITIONER. |
| EXHIBIT P9 COPY OF THE PENSION PASS OF THE 3RD PETITIONER ISSUED BY THE KSRTC. |
| EXHIBIT P10 COPY OF JUDGMENT DATED 6.1.2016 IN WPC NO.378/2016 OF THIS HONOURABLE COURT. |
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
ANU SIVARAMAN, J.
W.P.(C) No.34882 of 2016
Dated this the 1st day of November, 2016
JUDGMENT
Prayer in this writ petition is for a declaration that
the petitioners are entitled to count their daily wage service prior to regular appointment in the KSRTC for the purpose of pension.
learned Standing Counsel appearing for the KSRTC. It is submitted that the issue raised is covered by Ext.P10 judgment of this Court. This is not disputed by the learned Standing Counsel also.
W.P.(C) No.34882 of 2016
-2-
subject to modification, if any, by the Apex Court in the Special Leave Petition which is said to be pending against the decision of the Larger Bench.
Writ petition is disposed of accordingly.
Sd/ANU SIVARAMAN, JUDGE
vs
1 issue framed by the court
Whether petitioners entitled to count daily wage service prior to regular appointment for pension calculation.
Colour shows how this judgement treated each authority
K.L.Francis v. Kerala State Road Transport Corporation and OthersReferred¶3
K.L.Francis v. Kerala State Road Transport Corporation and Others
1 provisions across 1 enactments
M.V.Jose
P.Venugopalan Nair
S.Mohan
Kerala State Road Transport Corporation
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
