Disposed¶41

Karunakaran.K.K., v. the Kerala State Road Transport Corporation

Kerala HC26 Mar 2025WP(C)/12287/2023

Case brief

AI extract

What is this about?

KSRTC service benefits; counting of prior Army/military service (22.09.1982–01.03.1988) for pensionary benefits; ex-GNR (DMT); Zila Sainik Welfare Officer certificates (Ext.P13/P14); Ext.P11 rejection set aside; fresh consideration by 2nd respondent within eight weeks; technical pleas cannot defeat otherwise eligible claim; civilian vs military service; Harisankar V. Menon; W.P.(C) No.12287 of 2023; 2025:KER:25699.

What did the court decide?

Ext.P11 set aside; 2nd respondent directed to reconsider the petitioner's claim afresh with specific reference to Ext.P12, Ext.P13 and Ext.P14, expeditiously and at any rate within eight weeks. ¶41

Karunakaran.K.K., Vs the Kerala State Road Transport Corporation — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ext.P11 set aside; 2nd respondent directed to reconsider the petitioner's claim afresh with specific reference to Ext.P12, Ext.P13 and Ext.P14, expeditiously and at any rate within eight weeks.

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Issue for consideration

Whether the petitioner is justified in contending that his prior military service (22.09.1982 to 01.03.1988) must also be reckoned while calculating the service benefits available in KSRTC.

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Court's answer

If the petitioner was an ex-GNR, the mere fact that this was not pleaded in the writ petition cannot defeat an otherwise eligible claim; not sticking on technicalities, the petitioner is to be granted one more opportunity to point out his eligibility before the KSRTC.

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Ratio / Principle

Ext.P11 (order dated 22.11.2022 rejecting the claim) is set aside so as to facilitate fresh consideration of the petitioner's claim.

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Key takeaways

The 2nd respondent (Managing Director, KSRTC) is directed to consider the petitioner's claim afresh, with specific reference to Ext.P12 representation as well as Exts.P13 and P14 produced before the Court, as expeditiously as possible and at any rate within a period of eight weeks.ratio¶40

Detailed headnote1 paragraphs

Retired KSRTC driver (joined 07.11.2007, retired 31.07.2019) sought that his prior military service from 22.09.1982 to 01.03.1988 be counted while calculating service benefits; the claim was rejected by the 2nd respondent through Ext.P11 dated 22.11.2022 on the finding that the military service was rendered as a 'civilian'. During the pendency of the writ petition, the petitioner produced Zila Sainik Welfare Officer communications (Exts.P13 and P14) certifying his army service as 'ex-GNR (DMT)' and discharge on 01.03.1988, a status not originally pleaded. Held: an otherwise eligible claim cannot be denied merely because the ex-GNR status was not pleaded in the writ petition; declining to stick on technicalities, the Court set aside Ext.P11 and directed the 2nd respondent (Managing Director, KSRTC) to consider the claim afresh with specific reference to Ext.P12 representation and Exts.P13 and P14, expeditiously and at any rate within eight weeks. Writ petition disposed of accordingly.

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W.P.(C) No.12287 of 2023

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2025:KER:25699

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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 HARISANKAR V. MENON

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WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
WP(C) NO. 12287OF 2023

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PETITIONER:

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KARUNAKARAN.K.K.,
AGED 57 YEARS, S/O. KELU.K.K.,
KARIYATHAN KALLUNGAL VEEDU, THELLATHINKARA,
KARAADI, P.O.THAMARASSERY, KOZHIKODE DISTRICT,
PIN – 673573, (DRIVER, KERALA STATE ROAD
TRANSPORT CORPORATION, RETIRED ON 31.07.2019
FROM KOZHIKODE DEPOT)

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BY ADVS.

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K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)

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RESPONDENTS:

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1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023

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2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023

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3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023

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4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023

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W.P.(C) No.12287 of 2023

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2025:KER:25699

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5 THE DISTRICT OFFICER FOR KOZHIKKODE AT KSRTC, KOZHIKKODE DEPOT, PIN - 673001

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6 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE DEPOT, PIN - 673001

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BY ADV.

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SRI.DEEPU THANKAN, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(C) No.12287 of 2023

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2025:KER:25699

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JUDGMENT

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The petitioner, who is stated to have joined the service of the Kerala State Road Transport Corporation (KSRTC) on 07.11.2007, sought his prior service in the military for the period from 22.09.1982 to 01.03.1988 also to be counted while calculating his service benefits upon his retirement from service on 31.07.2019. The claim of the petitioner was considered and found against the petitioner through Ext.P11 dated 22.11.2022, essentially on the finding that the service put in by the petitioner with the military was as a “civilian”. It is in such circumstances that the captioned writ petition is filed by the petitioner.

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Heard Sri.K.P.Justine, the learned counsel for the petitioner and Sri.Deepu Thankan, the learned Standing Counsel for the respondent KSRTC.

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The short issue arising for consideration is as to whether the petitioner is justified in contending that his military service is also to be reckoned while calculating the service benefits available in KSRTC. Subsequent to the filing of this writ petition, the petitioner has obtained and produced Ext.P13 communication

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from the Zila Sainik Welfare Officer, certifying that the service put

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W.P.(C) No.12287 of 2023

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2025:KER:25699

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in by the petitioner in the army was “ex-GNR (DMT)” and that he has been duly discharged from service on 01.03.1988.

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True, as rightly pointed out by Sri.Deepu, in the writ petition, the petitioner has not pointed out that he was an “exGNR”. Even on the face of the afore, I notice that if the petitioner was an ex-GNR, merely because the facts are not so pleaded in the writ petition, an otherwise eligible claim is not to be denied. Therefore, not sticking on technicalities, I am of the opinion that the petitioner is to be granted one more opportunity to point out

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his eligibility as claimed for before the KSRTC.

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So as to facilitate the above, I set aside Ext.P11. There

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will be a direction to the 2^nd respondent herein to consider the claim of the petitioner afresh with specific reference to Ext.P12 representation as well as Exts.P13 and P14 produced before this Court, as expeditiously as possible, at any rate within a period of eight weeks from today.

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This writ petition is disposed of as above.

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Sd/-

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HARISANKAR V. MENON JUDGE

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anm

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W.P.(C) No.12287 of 2023

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2025:KER:25699

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APPENDIX OF WP(C) 12287/2023

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PETITIONER’S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO
THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE VERIFICATION DOCUMENTS
ISSUED BY THE CAPTAIN, RECORD OFFICER FOR
OIC RECORDS DATED 19.09.2019.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
3.12.2019 SUBMITTED BY THE PETITIONER
BEFORE THE RESPODENT CORPORATION
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED
10.02.2020 IN W.P.(C) NO.3497/2020 OF
THIS HONOURABLE COURT
EXHIBIT P5 TRUE COPY OF THE ORDER NO.PA7/ 039493/19
DATED 19.8.2020 ISSUED BY 2ND RESPONDENT
EXHIBIT P6 TRUE COPY OF THE ORDER G.O.(P)
NO.408/2015/FIN. DATED 14.9.2015 ISSUED
BY FINANCE (PRC A) DEPARTMENT
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
10.3.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
EXHIBIT P8 TRUE COPY OF THE PENSION PAYMENT ORDER
NO.54240 ISSUED TO THE PETITIONER BY THE
RESPONDENT CORPORATION
EXHIBIT P9 TRUE COPIES OF RELEVANT PAGES OF THE PAY
REVISION AGREEMENT, 1990 DATED 28.12.1990
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 27.6.2022
IN W.P.(C) NO.12199/2022 OF THIS
HONOURABLE COURT
EXHIBIT P11 TRUE COPY OF THE ORDER NO.PA7/039493/19
DATED 22.11.2022 IN COMPLIANCE TO P10
JUDGMENT ISSUED BY THE 2ND RESPONDENT
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED
15.3.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
EXHIBIT P13 TRUE COPY OF THE LETTER NO. A-
6/12289/2023 DATED 26.10.2023 SENT BY

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W.P.(C) No.12287 of 2023

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2025:KER:25699

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ZILA SAINIK WELFARE OFFICER,
THIRUVANANTHAPURAM

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EXHIBIT P14 TRUE COPY OF THE CERTIFICATE VIDE
NO.D4/EMPL/2632/2024 DATED 11.06.2024
FROM THE ZILA SAINIK WELFARE OFFICER,
KOZHIKODE

Karunakaran.K.K., v. the Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Karunakaran.K.K., v. the Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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