High Court of KeralaSingle JudgeWrit petitions dismissed; petitions not entitle...

A. Mohanan Nair and others v. Kerala State Road Transport Corporation and State of Kerala

Case / Petition Number:WP(C).No. 18031/2006 (V)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • S. Siri Jagan
Judgment Date
2011-12-03
Court Decision / Holding
Writ petitions are dismissed.
Final Disposition
Writ petitions dismissed; petitions not entitled to relief in light of Full Bench ruling and pending Supreme Court appeal to the ruling.

Parties to the Case

Appellants / Petitioners

  • A. Mohanan Nair
  • N. Sivanandan
  • K.S. Sreevalsan
  • G. Venugopalan Nair
  • G. Mohanachandran Nair
  • S. Venugopal
  • B. Gopichandran Nair

Respondents

  • Kerala State Road Transport Corporation
  • State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri Murali Purushothaman
  • • Sri P.M. Benzir Sri Deepu Lal Mohan

Counsels for Respondents

  • • Sri Johnson P. John, SC, KSRTC
  • • Sri Babu Joseph Kuruvathazha, SC, KSRTC
  • • Government Pleader

Case Synopsis & Summary

The petitioners, seven employees of the Kerala State Road Transport Corporation (KSRTC), challenge a unilateral move affecting the computation of pensionable service. The case traces back to Ext.P11 (a memorandum dated 03.10.2002) and related absorption orders by which provisional service before regular appointment was to be counted for pension, subject to conditions such as minimum monthly duty. Following absorption, the KSRTC Managing Director issued Ext.P15, asserting that provisional service would not be counted for pension, thereby undermining the settlement. The writ petitions (WP(C) Nos. 18031/2006 and 23476/2006) contend that provisional service, having been recognized under earlier settlements, must be counted for pension and that the unilateral reversal is unlawful. The State instrumentality places reliance on statutory pension rules and the broader principle that settlements must be consistent with constitutional norms. The court recalls the Full Bench decision in District Transport Officer v. Kunchan (2009) 3 KLT 954 (FB), which disallowed a broad reading of a prior casual service doctrine. The decision also cites Idicula, noting that the Idicula principle cannot be extended to justify counting casual service as regular service. The court observes that appeals against the Full Bench ruling are pending before the Supreme Court and ultimately dismisses the petitions, despite the unsettled litigation. The result is dismissal of the writ petitions and maintenance of the existing position as per the controlling authority.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that provisional service, rendered before regular appointment and absorbed later, should count for pension computation in line with Ext.P11 and related orders. They rely on the settlement dating from 2002–2003 which stated provisional service would count toward pension subject to conditions, including a minimum monthly duty. They challenge Ext.P15, a unilateral order by KSRTC’s Managing Director, which denies counting provisional service. They argue that cancellation of counts after retirement breaches the settlement and contravenes constitutional norms applying to a State instrumentality. They seek a direction to count provisional service for pension or to quash the disputed memoranda, arguing that prior commitments with unions and established practice should govern retirement benefits. They also note the pending Supreme Court challenge to the Full Bench decision and urge interim relief to safeguard pension rights until final resolution.

Contentions of Respondents

The respondents rely on the Full Bench decision District Transport Officer v. Kunchan (2009) 3 KLT 954 (FB), which narrows the applicability of Idicula’s casual-service principle and holds that casual service cannot automatically be treated as regular service for pension purposes. They contend that the memorials and absorption orders were issued within the statutory framework governing pension and that extending benefits contrary to the controlling authority would undermine law and order. They point to the pending Supreme Court appeal and emphasize the need to await its outcome; the management’s position, reflected in Ext.P15, aligns with established pension rules. Given the Full Bench ruling and pending appeal, they urge dismissal of the petitions and stability of the corporation’s pension policy.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
District Transport Officer v. Kunchan2009(3) KLT 954(FB)PositiveCited as controlling authority; the Full Bench decision is used to deny the petitioners’ claim that provisional service should be counted for pension.
Idicula—DistinguishedThe court states that the Idicula principle does not lay down the correct law and should not be extended to sanctify counting casual service as regular service.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT :** **THE HONOURABLE MR. JUSTICE S.SIRI JAGAN** **SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933** **WP(C).No. 18031 of 2006(V)** **-------------------------------------** **PETITIONER(S):** - **-----------------------** **1. A.MOHANAN NAIR, CONDUCTOR GRADE-II, THIRUVANANTHAPURAM CENTRAL DEPOT, RESIDING AT: GOKULAM, BHAJANAMADAM ROAD, PEYAD.P.O, THIRUVANANTHAPURAM-695 573.** **2. N.SIVANANDAN, CONDUCTOR GRADE-II, KATTAKADA DEPOT, RESIDING AT: S.N.MANDIRAM, ARUVIKKARA, KOOVALASSARY.** **3. K.S.SREEVALSAN, CONDUCTOR GRADE-II, VENJARAMOODU DEPOT, RESIDING AT: SREENIKETHAN, THYCAUD, VENJARAMOODU.P.O, THIRUVANANTHAPURAM.** **4. G.VENUGOPALAN NAIR, CONDUCTOR GRADE-II, NEDUMANGAD DEPOT, RESIDING AT: AMBADI, BHAJANAMADAM ROAD, PEYAD.P.O, THIRUVANANTHAPURAM-695 573.** **5. G.MOHANACHANDRAN NAIR, CONDUCTOR GRADE-II, PAPPANAMCODE DEPOT, RESIDING AT: SREENILAYAM, VP-IV 254-B, SRA 4(1), SANTHI NAGAR, MARKET JUNCTION, PEYAD.P.O, THIRUVANANTHAPURAM-695 573.** **6. S.VENUGOPAL, CONDUCTOR GRADE-II, POOVAR DEPOT, RESIDING AT: SREEMANDIRAM, KUZHIVILAKONAM, KOTTUKAL.P.O, BALARAMAPURAM, THIRUVANANTHAPURAM.** **7. B.GOPICHANDRAN NAIR, CONDUCTOR GRADE-II, VIKAS BHAVAN DEPOT, RESIDING AT: MANIVEENA, KATCHANI, KARAKULAM.P.O, THIRUVANANYTHAPURAM-695 564.** **BY ADVS. SRI.MURALI PURUSHOTHAMAN** - **SRI.P.M.BENZIR SRI.DEEPU LAL MOHAN** **VPV** ## **WPCNO.18031/2006** ## **RESPONDENT(S):** **-------------------------** **1. KERALA STATE ROAD TRANSPORT CORPORATION,** - **REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM.** **2. STATE OF KERALA,** - **REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** ## **R1 BY ADVS. SRI.JOHNSON P.JOHN, SC, KSRTC** **SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC R2 BY GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, ALONG WITH WPC NO. 23476 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **VPV** ## **WPCNO.18031/2006** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXT.P1: PHOTOCOPY OF THE ORDER G.O (MS) NO.9/01/TRAN DATED 05.03.2001 ISSUED BY THE 2ND RESPONDENT. EXT.P2: PHOTOCOPY OF THE APPOINTMENTORDER NO.PLA4/058771/97 DATED 08.03.2001 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT. EXT.P3: PHOTOCOPY OF THE APPOINTMENTORDER NO.PLA4/058771/97 DATED 08.03.2001 ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT.** **EXT.P4: PHOTOCOPY OF THE APPOINTMENTORDER NO.PLA4/058771/97 DATED 08.03.2001 ISSUED TO THE 3RD PETITIONER BY THE 2ND RESPONDENT. EXT.P5: PHOTOCOPY OF THE APPOINTMENTORDER NO.PLA4/058771/97 DATED 08.03.2001 ISSUED TO THE 4TH PETITIONER BY THE 2ND RESPONDENT. EXT.P6: PHOTOCOPY OF THE APPOINTMENTORDER NO.PLA4/058771/97 DATED 08.03.2001 ISSUED TO THE 5TH PETITIONER BY THE 2ND RESPONDENT. EXT.P7: PHOTOCOPY OF THE APPOINTMENTORDER NO.PLA4/058771/97 DATED 08.03.2001 ISSUED TO THE 6TH PETITIONER BY THE 2ND RESPONDENT. EXT.P8: PHOTOCOPY OF THE APPOINTMENTORDER NO.PLA4/058771/97 DATED 08.03.2001 ISSUED TO THE 7TH PETITIONER BY THE 2ND RESPONDENT. EXT.P9: PHOTOCOPY OF THE JUDGMENT DATED 05.08.2002 IN OP NO.9291/2001 OF THIS HON'BLE COURT. EXT.P10: PHOTOCOPY OF THE MEMO NO.PL-1/3312/02/KTDA DATED 19.09.2002 ISSUED BY THE 1ST RESPONDENT ABSORBING THE PETITIONERS 1 AND 2 AS CONDUCTOR GRADE-II.** **EXT.P11: PHOTOCOPY OF THE MEMORANDUM NO.E1/2708/02/NDD DATED 03.10.2002 ISSUED BY THE 1ST RESPONDENT ABSORBING THE PETITIONERS 3 TO 5 AS CONDUCTOR GRADE-II. EXT.P12: PHOTOCOPY OF THE MEMORANDUM NO.E1/891/2001/PVR DATED 25.09.2002 ISSUED BY THE 1ST RESPONDENT ABSORBING THE 6TH PETITIONER AS CONDUCTOR GRADE-II.** **VPV** ## **WPCNO.18031/2006** **EXT.P13: COPY OF THE ORDER NO.E1/2591/02/VKBN DATED 19.09.2002 ISSUED BY THE 1ST RESPONDENT ABSORBING THE 7TH PETITIONER AS CONDUCTOR GRADE-II. EXT.P14: COPY OF G.O. (P) NO. 2357/99/FIN DATED 25.11.1999. EXT.P15: PHOTOCOPY OF THE MEMORANDUM OF SETTLEMENT DATED 13.04.1999 ENTERED INTO BY THE CORPORATION WITH ITS RECOGNISED TRADE UNIONS. EXT.P16: PHOTOCOPY OF THE JUDGMENT DATED 02.02.2006 IN OP NO.2286/2003 OF THIS HON'BLE COURT. EXT.P17: PHOTOCOPY OF THE ORDER DATED 14.07.2006 PASSED BY THIS HON'BLE COURT IN CONTEMPT CASE (CIVIL) NO.761/06. EXT.P18: PHOTOCOPY OF I.A. NO. 3430/2006 DATED 26.07.2006 FILED BY THE RESPONDENT IN CONTEMPT CASE (CIVIL) NO.761/06. EXT.P19: PHOTOCOPY OF CIRCULAR MEMORANDUM NO.LR8-023330/97/TVPM DATED 08.06.2006 ISSUED BY THE 1ST RESPONDENT CORPORATION.** ## **RESPONDENT' EXHIBITS:** **EXT.R1: COPY OF CIRCULAR MEMORANDUM NO.LR8-023330/97/TVPM DT. 8.6.2006.** ## **/TRUE COPY/** ## **P.A. TO JUDGE** **VPV** ## S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) Nos. 18031 & 23476 of 2006 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3[rd] day of December, 2011. ## J U D G M E N T The petitioners are employees of the Kerala State Road Transport Corporation. Subsequent to the filing of this writ petition, some of them have retired from service. Their claim in this writ petition relates to computation of qualifying service for pension. The petitioners joined regular service after putting in provisional service. By Ext.P11 settlement (in W.P(C) No. 23476/2006), the management of the Corporation agreed with the unions that provisional service would also be reckoned for the purpose of computation of pension subject to certain conditions. The relevant portion of the same reads thus: ## **“XXIII Pension** **==> picture [226 x 6] intentionally omitted <==** 3. Daily wages period of Conductors, Drivers and Mechanical Staff before their regular appointment in full, will count for pension provided there should be at least ten days duty in a month. If there is no duty in a month, that month will be excluded and 50% will be taken as qualifying service of the month in which the number of duty is below 10 or 50% of the total daily wage period excluding the month having no duty whichever is beneficial to the employee. **==> picture [161 x 9] intentionally omitted <==** Later on, the managing Director of the Corporation unilaterally issued Ext.P15 order (in W.P(C) No. 23476 of 2006) holding that such provisional service would not be counted for pension. It is challenging the same, these writ petition have been filed. W.P(C) Nos. 18031 & 23476 of 2006 -: 2 :- 2. The question as to whether provisional service can be counted for the purpose of retirement benefits in the Kerala State Road Transport Corporation was finally decided by a Full Bench of this Court in **District Transport Officer v. Kunchan** , 2009(3) KLT 954(FB). Paragraph 27 of the same reads thus: “27. For the reasons mentioned above, we are of the view that the principle laid down in Idicula, to the extent to which directs that any kind of casual service of an employee, followed by an entry of such employee in regular service would be eligible to be treated as regular service for all intents and purposes does not lay down the correct principle. No doubt, the Bench in Idicula was essentially trying to construe a term contained in the conciliation settlement between the management and the employees. But, we cannot, but take note of the fact that regular selection and appointment of persons in the Corporation has been done for the past 30 years, only on the advice of the Commission. The Corporation, an instrumentality of the State, cannot be considered as having agreed to any settlement which will not bear true allegiance to the constitutional principles that should invariably govern the affairs of an instrumentality of the State. Thus, where a term of settlement, to which an instrumentality of a State is a party, provides for treating casual service also as part of regular service for all intents and purposes, then it will only be appropriate to treat only such casual service, rendered by a person, who has already been advised by the Commission for regular appointment against the post in question as part of regular service. Any other kind of casual service would only be casual service, that cannot be considered as synonymous with regular service. We hold that the contrary principle laid down in Idicula does not lay down the correct law.” It is not disputed before me that in view of the said decision, the petitioners are not entitled to the benefits prayed for in these writ petitions. But, it is submitted that W.P(C) Nos. 18031 & 23476 of 2006 -: 3 :- the said decision of the Full Bench has been taken in appeal before the Supreme Court, which is pending. Some of the petitioners have also impleaded themselves in the said SLP. Apparently, the petitioners wish to take up the matter before the Supreme Court. In view of the circumstances and in view of the judgment of the Full Bench, the petitioners are not entitled to the benefits prayed for in these writ petitions. Accordingly, the writ petitions are dismissed. S. Siri Jagan, Judge. Tds/