Disposed

Indukumar V.S v. State of Kerala

Kerala HC10 Nov 2021WP(C)/15030/2021

Case brief

AI extract

What is this about?

This writ petition was filed by KSRTC drivers seeking reckoning of service from their original appointment date for benefits like promotions and pension. The Court directed the KPCS to consider representations filed by the petitioners regarding this grievance within three months.

What did the court decide?

Directed 3rd respondent to consider representations filed by petitioners regarding service reckoning from initial entry date within 3 months.

Indukumar V.S Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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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 MURALI PURUSHOTHAMAN

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WEDNESDAY, THE 10^TH DAY OF NOVEMBER 2021 / 19TH KARTHIKA, 1943

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WP(C) NO. 15030 OF 2021

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PETITIONERS:

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1 INDUKUMAR V.S AGED 47 YEARS S/O. T.VASUDEVAN NAIR, DRIVER GRADE-I,K.S.R.T.C. VIZHINJAM DEPOT , THIRUVANANTHAPURAM-695 523, RESIDING AT SINDHOORAM, PALAZHI POST GURUVAYOORAPPAN COLLEGE, KOZHIKKODE-673 014

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2 VINOD KUMAR.P., AGED 45 YEARS, S/O. DAMODARAN NAIR, DRIVER GRADEI,K.S.R.T.C. VIZHINJAM DEPOT , THIRUVANANTHAPURAM-695 523, RESIDING AT PUTHENVEETTIL KONOT, KUNNAMANGALAM VIA, KOZHIKKODE-673 571

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3 A.R.SABULAL AGED 45 YEARS, S/O. RAJAN,DRIVER GRADE-I, K.S.R.T.C. VIZHINJAM DEPOT , THIRUVANANTHAPURAM-695 523, RESIDING AT SREENILAYAM, PILASSERY P.O., KUNNAMANGALAM, KOZHIKKODE-673 571

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4 SHEREEF .U.P.

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AGED 48 YEARS, S/O. MOHAMMED, DRIVER GRADE-I,K.S.R.T.C. KOZHIKKODE DEPOT , KOZHIKKODE-673 001, RESIDING AT PADALIKUNNUMEL, THAYYIL HOUSE, OMASSERY P.O., KOZHKKODE-673 582

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5 K.SHAJIMON, AGED 45 YEARS,. S/O. UNNIMADHAVAN NAIR, DRIVER GRADEI,K.S.R.T.C. VIZHINJAM DEPOT , THIRUVANANTHAPURAM-695 523, RESIDING AT SHEEBA NIVAS, PADINJATTUMURI, KAKKODE POST, KOZHIKKODE-673 611

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6 PRASAD .P., AGED 49 YEARS, S/O. SREENIVASAN .P., DRIVER GRADEI,KSRTC, POOVAR DEPOT , THIRUVANANTHAPURAM-695 523, RESIDING AT PARAMBALATH HOUSE,POST CHEVAYOOR, KOZHIKKODE673 017

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WP(C) NO. 15030 OF 2021

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7 RAJESH KUMAR.T. AGED 52 YEARS, S/O. RAGHAVAN NAMBIAR, DRIVER GRADE-I, KSRTC KOZHIKKODE DEPOT, KOZHIKKODE-673 001, RESIDING AT RAJASHREE HOUSE, POYILTHAZHAM, NANMANNA P.O., KOZHKKODE-673 631

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8 K.M. MANOJ KUMAR, AGED 48 YEARS, S/O. BHASKARAKURUP, RIVER GRADE-I,KSRTC, ATTINGAL , THIRUVANANTHAPURAM-695 523, RESIDING AT KAMBIL MEETHAL HOUSE, UMMALATHOOR, MEDICAL COLLEGE P.O., KOZHKKODE-673 008

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9 BASHEER.P.P.

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AGED 45 YEARS, S/O IMBCHI AHAMMAD, DRIVER GRADE I, KSRTC NEYYATTINKARA, THIRUVANANTHAURAM-695 121, RESIDING AT PUTHENPURAYIL HOUSE, MACHINGARA, CHILAVOOR P.O., KOZHIKKODE-673 571

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10 SUDHEER.V.K., AGED 45 YEARS, S/O. RAJAN, DRIVER GRADE I, KSRTC KOZHIKKODE DEPOT, KOZHIKKODE-673 001, RESIDING AT VAKAKKEKIZHUVANA, POST MAKKADA, VIA KAKKODE., KOZHIKKODE-673 611

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11 PRASANTH G.K. AGED 46 YEARS, S/O. GOVINDANKUTTY, DRIVER GRADE I, KSRTC, KOZHIKKODE DEPOT, KOZHIKKODE-673 001

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12 SURESH.T.

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AGED 52 YEARS, S/O.PADMANABHAN NAIR, DRIVER GRADE-I, KSRTC PAPPANAMKODE, THIRUVANANTHAPURAM-695 018, RESIDING AT KAKKADANPARAMBATH HOUSE, P.O KAKOOR, KOZHIKODE-673 613

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13 K.SASI AGED 55YEARS, S/O. KELUKUTTY NAIR, DRIVER GRADE I, K.S.R.T.C. KOZHIKKODE-673 001, RESIDING AT KODAKALINGAL HOUSE, POST PANDHEERPADAM, KOZHIKKODE-673 571

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14 N.GIREESH

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AGED 52 YEARS,S/O. ANDI, DRIVER GRADE -I, KSRTC,

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WP(C) NO. 15030 OF 2021

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KOZHIKKODE-673 001, RESIDING AT NEDIYARAMBATH HOUSE, POST CHELAVOOR, KOZHIKKODE-673 571

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15 E.MADHU, AGED 50 YEARS., S/O. RAMANKUTTY NAIR, DRIVER GRADE I, KSRTC KOZHIKKODE-673 001, RESIDING AT EMMANAKAVIL HOUSE, KANNANKARA POST, CHELANOOR, KOZHIKKODE-673 016

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BY ADV U.BALAGANGADHARAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, MOTOR VEHICLE DEPARTMENT, THIRUVANANTHAPURAM-695 001

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2 KERALA STATE ROAD TRANSPORT CORPORATION (K.S.R.T.C.) REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CHIEF OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 033

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3 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION,CHIEF OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 033

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4 THE EXECUTIVE DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION,CHIEF OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 033

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5 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004

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OTHER PRESENT:

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BY ADV.DEEPU THANKAN SC KSRTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15030 OF 2021

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JUDGMENT

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The petitioners are working as Drivers in the Kerala State Road Transport Corporation (KSRTC). They were recruited pursuant to the selection conducted by the Kerala Public Service Commission (PSC) for the post of Driver. The petitioners have produced their service details in the form of a chart as Schedule C in the writ petition which is as

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follows:-

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Schedule C

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Applicant	Original date of joining	Revised date of joining on PSC advice	Date of absorption to regular estt.
1	2	3	4
1^stapplicant	16.8.2007	7.2.2008	19.12.2009
2^ndapplicant	17.8.2007	8.2.2008	2.2.2008
3^rdapplicant	17.8.2007	7.2.2008	24.1.2009
4^thapplicant	16.8.2007	6.2.2008	21.3.2009
5^thapplicant	25.7.2007	7.2.2008	24.4.2010
6^thapplicant	7.8.2007	15.1.2008	16.03.2009
7^thapplicant	5.7.2007	7.2.2008	19.12.2008
8^thapplicant	17.7.2007	8.2.2008	12.01.2009
9^thapplicant	17.8.2007	6.2.2008	23.12.2008
10^thapplicant	17.8.2007	6.2.2008	30.1.2009
11^thapplicant	29.6.2007	7.2.2008	11.02.2009
12^thapplicant	11.7.2007	15.1.2008	13.02.2009
13^thapplicant	18.8.2007	1.3.2008	21.12.2008
14^thapplicant	23.8.2007	4.3.2008	23.1.2009
15^thapplicant	16.7.2007	9.2.2008	29.1.2009

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WP(C) NO. 15030 OF 2021

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According to the petitioners, their date of regular absorption shown in Col.4 above is taken by the respondents for all purpose of service benefits ignoring the original date of appointment shown in Coll.No1 of the above schedule. According to the petitioners, they are entitled to get their service counted from the date of initial entry in service as shown in Coll.No1 of the above schedule for all purposes including increments, time bound higher grades,pension, promotions etc. Though the petitioners have brought this grievance to the notice of the 3^rd respondent, no steps are taken by the said respondent to redress their grievance. The 4^th petitioner has filed Ext.P10 representation dated 16.11.2020 before the 3^rd respondent to consider his claim for reckoning and regularizing his service from 16/8/2007 for all purposes viz. for increment, time bound higher grade, seniority and for qualifying service, through proper channel, the receipt whereof is duly acknowledged by Ext. P11 receipt .

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The learned counsel for the petitioners submits that the other petitioners have also submitted similar representations before the 3^rd respondent for reckoning their services for all purposes from the original date of joining duty. Though the petitioners have narrated their grievance in detail with specific reference to the provisions of law, at

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WP(C) NO. 15030 OF 2021

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this stage, the learned counsel for the petitioner limits the prayer for consideration of Ext.P10 and similar representations submitted by the petitioners by the 3^rd respondent.

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Heard the learned counsel for the petitioners and the learned standing counsel for the KSRTC, PSC and the learned Government pleader.

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In the nature of the limited relief prayed for by the petitioners at this stage, I deem it appropriate to direct the 3^rd respondent to consider Ext.P10 representation and other similar representations filed by the petitioners. Accordingly, there will be a direction to the 3^rd respondent to consider the grievance of the petitioners highlighted in Ext.P10 and other similar representations with regard to reckoning their service as Drivers from the date of their initial entry in service for all purposes. This shall be done by the 3^rd respondent within a period of three months from the date of receipt of a copy of the judgment. The petitioners other than the 4^th petitioner shall produce a copy of the representation filed by them seeking similar prayers as in Ext.P10 before the 3^rd respondent along with the certified copy of this judgment. A copy of the writ petition shall also be produced by the petitioners before the 3^rd respondent for consideration

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WP(C) NO. 15030 OF 2021

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of their case. It is made clear that this Court has not made any observation on the merits of the representation which is to be considered by the 3^rd respondent in accordance with law.

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Sd/-

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MURALI PURUSHOTHAMAN

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JUDGE

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ska

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WP(C) NO. 15030 OF 2021

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APPENDIX OF WP(C) 15030/2021

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PETITIONER EXHIBITS
Exhibit P1	A TRUE COPY OF APPOINTMENT ORDER DATED 21.06.2007 TO 7TH PETITIONER.
Exhibit P2	A TRUE COPY OF DUTY PASS ISSUED TO 2ND PETITIONER DATED 16.08.2007.
Exhibit P3	A TRUE COPY OF THE PAY SLIP ISSUED TO THE 7TH PETITIONER DURING THE MONTH OF JULY 2007.
Exhibit P4	A TRUE COPY OF RELIEVING ORDER DATED 03.07.2007 ISSUED BY THE PRINCIPAL STAFF TRAINING CENTRE THIRUVANANTHAPURAM.
Exhibit P5	A TRUE COPY OF RELEVANT PAGES OF APPOINTMENT CHART SHOWING THE NAMES OF THE PETITIONERS.
Exhibit P6	A TRUE COPY OF ADVICE MEMO DATED 15.01.2008 OF THE KERALA PUBLIC SERVICE COMMISSION.
Exhibit P7	A TRUE COPY OF THE MEMORANDUM DATED 6.2.2008 ISSUED BY THE 4TH RESPONDENT TO 7TH PETITIONER.
Exhibit P8	A TRUE COPY OF MEMO DATED 30.01.2009 ISSUED BY ASSISTANT TRANSPORT OFFICER, MALAPPURAM IN RESPECT OF PETITIONERS 9,7,8.10 AND 15.
Exhibit P9	A TRUE COPY OF THE MEMORANDUM ISSUED BY ASSISTANT TRANSPORT OFFICER, KOZHIKODE DATED 1.10.2009.
Exhibit P10	A TRUE COPY OF THE REPRESENTATION DATED 16.11.2020 SUBMITTED BY THE 4TH PETITIONER TO THE 3RD RESPONDENT.
Exhibit P11	A TRUE COPY OF THE RECEIPT DATED 16.11.2020 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KOZHIKODE.

Indukumar V.S v. State of Kerala

Case brief

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Indukumar V.S v. State of Kerala

Case brief

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