Allowed

T.a.Poulose v. Kerala State Road Transport Corporation

Kerala HC1 Dec 2022RP/1083/2022

Case brief

AI extract

What is this about?

The High Court allowed a review petition where the petitioner argued overlooked reliefs regarding pension and service regularisation were not addressed. The Court directed the KSRTC to decide on service regularisation within two months and pay pension within six months.

What did the court decide?

Directed KSRTC to hear petitioner on regularisation within two months and pay pension within six months.

T.a.Poulose Vs Kerala State Road Transport… — Pension and Retirement Benefits | Kerala HC (2022)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944

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RP NO. 1083 OF 2022

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AGAINST THE JUDGMENT IN WP(C) 6350/2022 DATED 24.08.2022

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REVIEW PETITIONER:

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T.A.POULOSE, S/O ANTONY, THATTARA HOUSE,
THRIKKUR, THRIKKUR PO, THRISSUR DISTRICT,
PIN 680 306 (DRIVER, KERALA STATE TRANSPORT
CORPORATION, THRISSUR, RETIRED ON 31.07.2018)

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BY ADV C.V.MILTON

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RESPONDENT:

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1 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT PO, THIRUVANANTHAPURAM 692 503

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2 THE DEPUTY CHIEF ACCOUNTS OFFICER (P&A), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT PO, THIRUVANANTHAPURAM 692 503

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THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD 3 TRANSPORT CORPORATION, THRISSUR 680 021.

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4 THE SECRETARY, KSRTC EMPLOYEES CO-OPERATIVE SOCIETY NO.R698, KSRTC BUS STATION BUILDING, THRISSUR 680 021.

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SRI.DEEPU THANKAN -SC

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
01.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RP 1083/22

O R D E R

This petition, seeking review of the judgment of this Court

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dated 24.08.2022, has been impelled by the petitioner saying that the Writ Petition in question was disposed of along with a batch of matters; and therefore, that two of the reliefs sought for in the Writ Petition had not been considered.

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2 . I must say that there is force in the afore submissions of Sri.C.V.Milton – learned counsel for the petitioner, because, the Writ Petition clearly shows that the petitioner had also made a plea for payment of pension, as also for regularisation of his service. I am, therefore, of the firm view that, in addition to the directions in the judgment, these requests must also be taken into account.

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3 . That said, this Court has already decided, in various other Writ Petitions with respect to the pensionary benefits payable to employees; and am sure that same should apply to the petitioner herein also. As regards the regularisation of the petitioner’s service is concerned, it is a matter which the

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RP 1083/22

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competent Authority of the Kerala State Road Transport

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Corporation (KSRTC) must consider in terms of law.

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Resultantly, I allow this Review Petition, making the following directions in addition to the ones issued in the judgment sought to be reviewed:

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a ) The competent Authority of the KSRTC will hear the petitioner and take a decision on his plea for regularisation of service, resulting in an appropriate order thereon, as expeditiously

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as is possible, but not later than two months from the date of

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receipt of a copy of this judgment.

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b ) On the afore being done and the directions in the

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judgment being fully complied with, or simultaneous with the same, the pensionary benefits due to the petitioner shall be paid

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to him as expeditiously as is possible, but not later than six months from the date of receipt of a copy of this judgment.

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Sd/-

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RR

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DEVAN RAMACHANDRAN

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JUDGE

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RP 1083/22

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APPENDIX OF RP 1083 OF 2022

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PETITIONER EXHIBITS

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ANNEXURE A1TRUE COPY OF THE ORDER DATED 25.02.2022
IN WPC NO.6350/2022

T.a.Poulose v. Kerala State Road Transport Corporation

Case brief

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T.a.Poulose v. Kerala State Road Transport Corporation

Case brief

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