Allowed

M.Shanavaskhan v. Kerala State Road Transport Corporation

Kerala HC22 Nov 2021WP(C)/2209/2017

Case brief

AI extract

What is this about?

The petitioner, a retired KSRTC employee, sought to have his leave without allowance treated as qualifying service for pension. Despite government rules limiting such treatment to periods up to 10.06.2010, the court held the writ petition allowed, directing respondents to count the period from 24.08.2009 to 10.06.2010.

What did the court decide?

Reliefs granted by directing respondents to treat the leave period from 24.08.2009 to 10.06.2010 as qualifying service for pension within two months.

M.Shanavaskhan Vs Kerala State Road Transport… — 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 AMIT RAWAL

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MONDAY, THE 22ND DAY OF NOVEMBER 2021 / 1ST AGRAHAYANA, 1943

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WP(C) NO. 2209 OF 2017

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PETITIONER:

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M.SHANAVASKHAN,

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AGED 60 YEARS,

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NEW FIELD, RAVEENDRAN MASH NAGAR, KALLUVETANKUZHY,
KULATUPOUZHA, KOLLAM DISTRICT - 691 310
(CONDUCTOR, PEROORKADA, RETIRED ON 30/9/2012)

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BY ADV SRI.N.SASIDHARAN UNNITHAN

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RESPONDENTS:

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1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR KSRTC, THIRUVANANTHAPURAM - 695 023.

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2 EXECUTIVE DIRECTOR (ADMINISTRATION), KSRTC, THIRUVANANTHAPURAM - 695 023.

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3 DISTRICT TRANSPORT OFFICER

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KSRTC, PEROORKADA UNIT,THIRUVANANTHAPURAM DISTRICT - 695 008.

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4 DISTRICT TRANSPORT OFFICER KSRTC, NEDUMANGAD UNIT,THIRUVANANTHAPURAM DISTRICT - 695 541.

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SRI DEEPU THANKAN SC KSRTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2209 OF 2017

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JUDGMENT

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Long and short of the case of the petitioner is as to

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whether the leave without allowance could have been taken into qualifying service for the purpose of pension or otherwise. It is a matter of record that the petitioner had availed a leave with effect from 24.08.2009 to 02.07.2010 and had retired from the service on 30.09.2012. Respondents did not treat the aforementioned period for the purpose of qualifying service and grant of pension for the reasons best known.

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Learned counsel appearing on behalf of the petitioner submits that the case of the petitioner is covered by the judgments of this Court in Exts.P4 & P5 and also other orders whereby the employee had taken a leave without allowance prior to 10.06.2010 the period can be counted for qualifying service but not after. Period of leave is from 24.08.2009 to 02.07.2010 and petitioner is willing to forgo the period and confine the relief to 10.06.2010 from 24.08.2009.

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WP(C) NO. 2209 OF 2017

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On the other hand, learned counsel appearing on behalf of the respondents submitted that the Government has been granting the relief by treating the period of leave upto 10.06.2010 for qualifying service and pension but the petitioner’s period ended beyond 10.06.2010 and it is on that account the said benefit has not been available to him.

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I have heard learned counsel for the parties and appraised the paper books.

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During the course of hearing this Court has also brought to the notice of an order dated 27.12.2014 Ext.P11. The same reads thus:

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" KERALA STATE ROAD TRANSPORT CORPORATION No.PL 7/000175/2010 Office of the Managing Director TransportBhavan, Fort, Thiruvanthapuram, dated 27/12/14

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MEMORANDRUM

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Sub: Kerala Service Rules - Implementation of the judgment of the Honourable High Court of Kerala for counting of Leave Without Allowance for service/pension benefits-modified orders issued

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Ref:- 1. Circular memorandum of even No. dated 27/12/14

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WP(C) NO. 2209 OF 2017

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2. Judgment of the in WP(C) No.3849/13 and other similar cases

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As per the reference 1^st cited, the leave without allowance availed by the retired employees were directed not to count as qualifying service for pension.

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The conditions in the above circular memorandum dated 6/7/2010 is hereby amended as follows, in order to implement the judgment of the Honourable High Court.

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The leave without allowance, without medical certificate availed by the employees from 10/6/2010 and granted after retirement from 10/6/2010 need not be treated as qualifying service

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That is, the leave without allowance granted without medical certificate prior to 10/6/2010 shall be treated as qualifying service for pension subject to other conditions.

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There will not be any changes to the other conditions in the order 1^st cited."

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6. Concededly the petitioner had availed the leave

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with effect from 24.08.2009 to 02.07.2010. If at all the respondents could only give the benefits until 10.06.2010, it could have reduced the twenty two(22) days from the leave period and granted the benefits by treating leave as qualifying service but the same has not been granted.

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In this view of the matter writ petition is allowed. Respondents are directed to treat the period 24.08.2009

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to 10.06.2010 for qualifying service for the purpose of

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WP(C) NO. 2209 OF 2017

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pension and otherwise and grant the reliefs in accordance with law. Let this exercise be undertaken within a period of two months from the date of receipt of a certified copy of the order.

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Sd/-

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AMIT RAWAL
JUDGE

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vv

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WP(C) NO. 2209 OF 2017

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APPENDIX OF WP(C) 2209/2017

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`PETITIONER EXHI`	`BITS`
`EXHIBIT P1`	`COPY OF CIRCULAR NO.PL7/000175/2010` `DATED 6/7/2010 OF THE 1ST RESPONDENT.`
`EXHIBIT P2`	`COPY OF LETTER DATED 22/6/2010 OF THE` `4TH RESPONDENT.`
`EXHIBIT P3`	`COPY OF MEMORANDUM DATED 12/1/2012 OF` `THE 2ND RESPONDENT.`
`EXHIBIT P4`	`COPY OF JUDGMENT DATED 1/7/2013 IN` `WP(C) 3663/2013 OF THIS HON'BLE COURT.`
`EXHIBIT P5`	`COPY OF JUDGMENT DATED 21/2/2014 IN` `W.A. NO. 3849/2014 OF THIS HON'BLE` `COURT.`
`EXHIBIT P6`	`COPY OF ORDER DATED 8/8/2014 IN SLP` `NOS. 20032 TO 20035/2014 OF THE` `HON'BLE SUPREME COURT.`
`EXHIBIT P7`	`COPY OF JUDGMENT DATED 10/12/2013 IN` `WP(C) 30322/2013 OF THIS HON'BLE` `COURT.`
`EXHIBIT P8`	`COPY OF MEMO DATED 12/6/2014 ISSUED TO` `THE PETITIONER.`
`EXHIBIT P9`	`COPY OF JUDGMENT DATED 16/1/2015 IN` `WP(C) 1546/2015 OF THIS HON'BLE COURT.`
`EXHIBIT P10`	`COPY OF MEMO DATED 30/5/2015 ISSUED TO` `THE PETITIONER.`
`Exhibit P11`	`TRUE COPY OF MEMORANDUM` `NO.PL7/0001175/2010 DATED 27/12/2014` `ISSUED FROM THE KSRTC, ALONG WITH` `ENGLISH TRANSLATION.`
`Exhibit P12`	`TRUE COPY OF THE JUDGMENT DATED` `09/03/2021 IN WPC.NO.13547/2014 OF` `THIS HONOURABLE COURT.`

M.Shanavaskhan v. Kerala State Road Transport Corporation

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M.Shanavaskhan v. Kerala State Road Transport Corporation

Case brief

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