High Court of KeralaSingle Judge2017-08-31Writ petition disposed of

P.A. Sadasivan and others v. State of Kerala and Kerala State Road Transport Corporation

Case / Petition Number:WP(C).No. 28900 of 2017 (J)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Shaji P. Chaly
Judgment Date: 2017-08-31
Court Decision / Holding: There will be a direction to the second respondent to consider Exts. P27 to P37 representations submitted by the petitioners and count the provisional service rendered by them for the purpose of pension and pensionary benefits, which will be subject to the result of the decision in the Special Leave Petition preferred by the Corporation. Writ petition is disposed of accordingly.
Final Disposition: Writ petition disposed of

Parties to the Case

Appellants / Petitioners

P.A. Sadasivan s/o Late P.V Ayyankunju
M.P. Thulasidas s/o Padmanabhan
Geekunju Xavier s/o Xavier
Shaji P.T. s/o VastiAn Thomas
James C.J s/o Joseph
Anil Kumar P s/o Purushothaman
Sajan S s/o Sadanandan
Dilip Kumar D.S s/o Divakaran
K.V Chandran s/o Veluthakunju
Somarajan K.M s/o Madhavan K.K
B. Padmakumar s/o Bhargava Panicker

Respondents

State of Kerala represented by the Secretary to the Government Transport (A) Department, Government Secretariat, Thiruvananthapuram
Kerala State Road Transport Corporation, Transport Bhavan, Fort, Thiruvananthapuram-695023, represented by the Chairman & Managing Director

Legal Representation & Advocates

Counsels for Petitioners

• N. Unnikrishnan

Counsels for Respondents

• C.S. Sheeja
• T.P Sajan

Case Synopsis & Summary

The petition concerns counting provisional service of KSRTC employees for pension and pensionary benefits. Eleven petitioners, all KSRTC employees (drivers and mechanics), contend that provisional service rendered during their period of service should be counted for pension, consistent with a prior ruling in this court. They rely on representations in Exts. P27 to P37 and seek disposal of those representations in light of this Court’s decision in K.L. Francis v. Kerala State Road Transport Corporation and Others (2015(1) KLT 1051), which held provisional service could be counted for pension. The KSRTC has challenged that decision before the Supreme Court, and the Special Leave Petition is pending. The respondents contend that the issue requires resolution by the Apex Court and that the petitioners’ representations should be considered with that in view. After hearing both sides, the court reiterated the legal principle laid down in KL Francis and observed the pendency of the SLP. It then directed the second respondent to consider Exts. P27 to P37 representations and count the petitioners’ provisional service for pension and pensionary benefits, subject to the outcome of the Supreme Court’s decision on the SLP. The writ petition is disposed of accordingly, with directions to act promptly on the representations.

Legal Doctrines & Maxims

Provisional service rendered is entitled to be counted for the purpose of pension and pensionary benefits (as per K.L. Francis v. Kerala State Road Transport Corporation and Others, 2015(1) KLT 1051)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that provisional service rendered during KSRTC employment should be counted for pension and pensionary benefits, following the principle laid down in K.L. Francis v. KSRTC (2015(1) KLT 1051). They rely on Exts. P27-P37 (representations seeking counting of provisional service) and request disposal of these representations in line with the KL Francis decision, arguing that settling these matters would secure pensionary rights and avoid hardship to retired or near-retirement employees.

Contentions of Respondents

The KSRTC contends that the core question is pending before the Supreme Court in a Special Leave Petition; therefore, a final determination should await that decision. They challenge reliance on the KL Francis decision and urge conservatism or reversal as appropriate, seeking no immediate directive to count provisional service until the Apex Court clarifies the issue.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
K.L. Francis v. Kerala State Road Transport Corporation and Others	2015(1) KLT 1051	Positive	The judgment relies on KL Francis to support counting provisional service for pension, and directs consideration of similar representations in light of that ruling.

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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 SHAJI P.CHALY** **THURSDAY, THE 31ST DAY OF AUGUST 2017/9TH BHADRA, 1939** **WP(C).No. 28900 of 2017 (J)** **----------------------------** **PETITIONERS :** **1. P.A.SADASIVAN S/O LATE. P.V AYYANKUNJU, AGED 58 YEARS, DRIVER GR.II(RETD) K.S.R.T.C, CHERTHALA AND RESIDING** **AT PULLAMPARA, MUHAMMA P.O, CHERTHALA, ALAPPUZHA.688525.** **2. M.P. THULASIDAS,S/O PADMANABHAN,** - **AGED 58 YEARS, MECHANIC GR.II, (RETD) K.S.R.T.C, CHERTHALA AND RESIDING AT MADATHICHIRAYIL, PALLIPURAM PO, CHERTHALA, ALAPPUZHA DISTRICT. 688541.** **3. GEEKUNJU XAVIER,** - **S/O XAVIER, AGED 49 YEARS, CONDUCTOR GR.II, K.S.R.T.C, KOTTAYAM AND RESIDING AT PALATHURUTHIL HOUSE,PANACHIKKAVU PO,** - **POOVAM, CHENGANASSERY-686102.** **4. SHAJI P.T.,S/O VASTHIAN THOMAS, AGED 55 YEARS, CONDUCTOR GR.II,** - **K.S.R.T.C, CHENGANASSERY AND RESIDING AT PALATHURUTHIL HOUSE, PANACHIKKAVU P.O,** - **POOVAM, CHENGANASSERY-686102.** **5. JAMES C.J** - **S/O JOSEPH, AGED 56 YEARS, MECHANIC GR.II, (RETD), K.S.R.T.C, ALAPPUZHA AND RESIDING AT CHOKKAMTHAYIL,MARARIKULAM NORTH PO,** - **ALAPPUZHA.688523.** ## **WP(C).No. 28900 of 2017 (J)** **----------------------------** ## **6. ANIL KUMAR P** **S/O PURUSHOTHAMAN, AGED 50 YEARS, DRIVER GR.II, K.S.R.T.C, KILIMANNOOR DEPOT AND CHEENIVALA VEEDU, VAMANAPURAM P.O, THIRUVANANTHAPURAM. 695606.** ## **7. SAJAN S** **S/O SADANANDAN, AGED 50 YEARS, DRIVER GR.II, K.S.R.T.C, KILIMANNOOR DEPOT AND RESIDING AT KOCHUVILA VEEDU, MANALETHUPACHA, THATTATHUMALA P.O, KILIMANNOOR, THIRUVANANTHAPURAM DIST.695614.** ## **8. DILIP KUMAR D.S** - **S/O DIVAKARAN, AGED 50 YEARS, DRIVER GR.II, KSRTC, KILIMANOOR DEPOT AND RESIDING AT ARAMAM EITHUKONDAKANI, AMARAVILA PO, NEYYATTINKARA, THIRUVANANTHAPURAM.695122.** ## **9. K.V CHANDRAN,S/O VELUTHAKUNJ,** - **AGED 55 YEARS, MECHANIC GR.II,** - **K.S.R.T.C, CHENGANNUR AND RESIDING AT CHANDRA BHAVAN,KARIKKAD, ALAPPUZHA.689504.** ## **10. SOMARAJAN K.M** - **S/O MADHAVAN K.K, AGED 54 YEARS, MECHANIC GR.II, CHENGANNUR AND RESIDING AT PALANILKUNNATHIL VADAKKETHIL HOUSE, BUDANNUR PO, KADAMBOOR, ALAPPUZHA. 689510.** **11. B. PADMAKUMAR, S/O BHARGAVA PANICKER, AGED 59 YEARS, CONDUCTOR GR.II(RETD), K.S.R.T.C, VIZHINJAM DEPOT AND RESIDING AT KRISHNAVILASAM PADMAJA, ELAMANNOORKONAM, NARUVAMOODU PO, NARUVAMOODU PO, THIRUVANANTHAPURAM.695528.** **BY ADV. SRI.N.UNNIKRISHNAN** **WP(C).No. 28900 of 2017 (J)** **----------------------------** **RESPONDENTS :** **1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.695001.** **2. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695023, REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR.** **R1 BY SENIOR GOVERNMENT PLEADER SMT.C.S.SHEEJA R2 BY SHRI.T.P SAJAN, SC,** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **bp** **WP(C).No. 28900 of 2017 (J)** **----------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS -----------------------** **EXHIBIT P1: A TRUE COPY OF THE CERTIFICATE DATED 5.1.2005 ISSUED TO THE FIRST PETITIONER. EXHIBIT P2: A TRUE COPY OF THE MEMORANDUM NO.PL12/025739/2008 DATED 7.4.2012 ISSUED TO THE FIRST RESPONDENT. EXHIBIT P3: A TRUE COPY OF MEMORANDUM NO.PL 12/2113/14/CTL DATED 26.12.2014 TO THE FIRST PETITIONER. EXHIBIT P4: A TRUE COPY OF THE PROFORMA DATED 10.2.2012 ISSUED TO THE SECOND PETITIONER. EXHIBIT P5: A TRUE COPY OF THE MEMORANDUM NO.PL 12/025739/2008 DATED 7.4.2012 ISSUED TO THE SECOND PETITIONER. EXHIBIT P6: A TRUE COPY OF MEMORANDUM NO.PL3/1478/15/CTL DATED 21.5.2015 ISSUED TO THE SECOND PETITIONER. EXHIBIT P7: A TRUE COPY OF THE LETTER NO.RIA.6126/12/KOTTAYAM DATED 29.10.2012 ISSUED TO THE 3RD PETITIONER. EXHIBIT P8: A TRUE COPY OF THE MEMORANDUM NO.PL12/025739/2008 DATED 8.2.2013 ISSUED TO THE THIRD PETITIONER. EXHIBIT P9: A TRUE COPY OF THE MEMORANDUM NO.EI3216/99/CHRY DATED 20.12.1999 ISSUED TO THE FOURTH PETITIONER. EXHIBIT P10: A TRUE COPY OF THE MEMORANDUM NO.PL12/025739/2008 DATED 24.4.2012 ISSUED TO THE 4TH PETITIONER. EXHIBIT P11: A TRUE COPY OF PROFORMA DATED 6.2.2012 ISSUED TO THE 5TH PETITIONER.** **WP(C).No. 28900 of 2017 (J) ----------------------------** **EXHIBIT P12: A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 7.4.2012 ISSUED TO THE 5TH PETITIONER. EXHIBIT P13: A COPY OF PASS BOOK NO.14091 ISSUED TO THE 5TH PETITIONER. EXHIBIT P14: A TRUE COPY OF CASH RECEIPT CM NO.14042 DATED 24.6.1997 ISSUED TO THE 6TH PETITIONER. EXHIBIT P15: A TRUE COPY OF THE MEMORANDUM NO.PL 12/025739/2008 DATED 8.2.2013 ISSUED TO THE 6TH PETITIONER. EXHIBIT P16: A TRUE COPY OF CASH RECEIPT CI NO.80129 DATED 15.3.1995 ISSUED TO THE 7TH PETITIONER. EXHIBIT P17: A TRUE COPY OF THE MEMORADUM NO.PL12/025739/2008 DATED 7.4.2012 ISSUED TO THE 7TH PETITIONER. EXHIBIT P18: A TRUE COPY OF CASH RECEIPT EG.NO.073004 DATED 19.7.1996 ISSUED TO THE 8TH PETITIONER. EXHIBIT P19: A TRUE COPY OF THE MEMORADUM NO.PL12/025739/2008 DATED 7.4.2012 ISSUED TO THE 8TH PETITIONER. EXHIBIT P20: A TRUE COPY OF MEMO NO.PL3-2891/99/CGNR DATED 16.11.1999 ISSUED TO THE 9TH PETITIONER. EXHIBIT P21: A TRUE COPY OF THE MEMORANDUM NO.PL12/025739/2008 DATED 7.4.2012 ISSUED TO 9TH PETITIONER. EXHIBIT P22: A TRUE COPY OF PROFORMA DATED 10.2.2012 ISSUED TO THE 10TH PETITIONER. EXHIBIT P23: A TRUE COPY OF THE MEMORANDUM NO.PL.12/025739/2008 DATED 7.4.2012 ISSUED TO THE 10TH PETITIONER.** ## **WP(C).No. 28900 of 2017 (J)** **----------------------------** **EXHIBIT P24: A TRUE COPY OF CERTIFICATE DATED 21.12.2001 ISSUED TO THE ELEVENTH PETITIONER. EXHIBIT P25: A TRUE COPY OF APPOINTMENT ORDER NO.PLA.4/058771/97 DATED 8.3.2001 ISSUED TO THE ELEVENTH PETITIONER. EXHIBIT P26: A TRUE COPY OF PENSION PAYMENT ORDER NO. 48132 ISSUED TO THE 11TH PETITIONER. EXHIBIT P27: A TRUE COPY OF REPRESENTATION DATED 8.8.2017 SUBMITTED BY THE 1ST PETITIONER WITHOUT ANNEXURES. EXHIBIT P28: A TRUE COPY OF REPRESENTATION DATED 8.8.2017 SUBMITTED BY THE 2ND PETITIONER WITHOUT ANNEXURES. EXHIBIT P29: A TRUE COPY OF REPRESENTATION DATED 8.8.2017 SUBMITTED BY THE 3RD PETITIONER WITHOUT ANNEXURES. EXHIBIT P30: A TRUE COPY OF REPRESENTATION DATED 8.8.2017 SUBMITTED BY THE 4TH PETITIONER WITHOUT ANNEXURES. EXHIBIT P31: A TRUE COPY OF REPRESENTATION DATED 14.8.2017 SUBMITTED BY THE 5TH PETITIONER WITHOUT ANNEXURES. EXHIBIT P32: A TRUE COPY OF REPRESENTATION DATED 14.8.2017 SUBMITTED BY THE 6TH PETITIONER WITHOUT ANNEXURES. EXHIBIT P33: A TRUE COPY OF REPRESENTATION DATED 14.8.2017 SUBMITTED BY THE 7TH PETITIONER WITHOUT ANNEXURES. EXHIBIT P34: A TRUE COPY OF REPRESENTATION DATED 14.8.2017 SUBMITTED BY THE 8TH PETITIONER WITHOUT ANNEXURES. EXHIBIT P35: A TRUE COPY OF REPRESENTATION DATED 10.8.2017 SUBMITTED BY THE 9TH PETITIONER WITHOUT ANNEXURES.** **WP(C).No. 28900 of 2017 (J) ----------------------------** **EXHIBIT P36: A TRUE COPY OF REPRESENTATION DATED 10.8.2017 SUBMITTED BY THE 10TH PETITIONER WITHOUT ANNEXURES. EXHIBIT P37: A TRUE COPY OF REPRESENTATION DATED 14.8.2017 SUBMITTED BY THE 11TH PETITIONER WITHOUT ANNEXURES. EXHIBIT P38: A TRUE COPY OF THE JUDGMENT DATED 2.8.2017 IN WP(C) NO.25510/2017 (K.R DILEEP VS.STATE OF KERALA AND ANOTHER)** **RESPONDENT(S)' EXHIBITS : NIL.** **//TRUE COPY//** **P.A. TO JUDGE** ## **bp** ## **SHAJI P. CHALY, J.** **--------------------------------------W.P.(C). No. 28900 OF 2017 ----------------------------------------** Dated this the 31[st] day of August, 2017 ## **JUDGMENT** Petitioners have submitted Exts. P27 to P37 representations seeking to count the provisional service for the purpose of pension and other pensionary benefits and the same is pending consideration. In **K.L. Francis v. Kerala State Road Transport Corporation and Others [2015(1) KLT 1051]** , the said issue was considered by this court and has held that the provisional service rendered is entitled to be counted for the purpose of pension and pensionary benefits. The respondent Corporation has challenged the said judgment before the Apex Court and the same is pending consideration. Petitioners seek disposal of Exts. P27 to P37 in the light of the judgment in **K.L. Francis's** case cited (supra). 2. Heard learned counsel for the petitioners and learned Standing Counsel for the respondent Corporation and perused the pleadings and the documents on record. ## W.P.(C). No. 28900 of 2017 2 3. Taking into account the totality of the circumstances and the principles of law laid down by this Court in **K.L. Francis's** case cited (supra), there will be a direction to the second respondent to consider Exts. P27 to P37 representations submitted by the petitioners and count the provisional service rendered by them for the purpose of pension and pensionary benefits, which will be subject to the result of the decision in the Special Leave Petition preferred by the Corporation. A decision shall be taken accordingly, at the earliest. Writ petition is disposed of accordingly. **SHAJI P. CHALY JUDGE** DCS