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High Court of KeralaSingle JudgeWrit petition disposed of with directions as de...

R. RADAKRISHNA PANICKER & others v. STATE OF KERALA & KERALA STATE ROAD TRANSPORT CORPORATION

Case / Petition Number:WP(C).No. 24044 of 2016 (E)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • SHAJI P. CHALY, J.
Judgment Date
2016-07-20
Court Decision / Holding
Writ petition disposed of; KSRTC directed to consider Exts P29–P42 representations submitted by the petitioners and to take a decision within two weeks, in compliance with the Larger Bench judgment in K. L. Francis v. KSRTC, with respect to reckoning the period of provisional service for pension and other benefits.
Final Disposition
Writ petition disposed of with directions as described above.

Parties to the Case

Appellants / Petitioners

  • R. RADAKRISHNA PANICKER
  • J. VINod
  • T. RADHAKRISHNAN
  • J. VINOD (KOTTAVATTOM)
  • T. RADHAKRISHNA PILLAI
  • V.M. VARGHESE
  • P. PRAKASHAN NAIR
  • A. SUNDAR ESAN
  • G. JIJI
  • C.N. VASUNDARAN
  • V. JOSEPH KUTTY
  • B. SANTHOSH KUMAR
  • D.S. RAJASEKHARAN
  • C. BIMAL KUMAR

Respondents

  • STATE OF KERALA, represented by the Secretary to the Government, Transport (A) Department, Government Secretariat, Thiruvananthapuram-695 001
  • KERALA STATE ROAD TRANSPORT CORPORATION, Transport Bhavan, Fort, Thiruvananthapuram-695 023, represented by the Chairman & Managing Director

Legal Representation & Advocates

Counsels for Petitioners

  • • N. UNNIKRISHNAN
  • • SRI. PAULACHAN IYPE
  • • SRI. K.U. VIVEK
  • • SRI. C.O. JOSE

Counsels for Respondents

  • • SRI.T.R.RAJESH
  • • SRI.M.GOPIKRISHNAN NAMBIAR (SC) KSRTC

Case Synopsis & Summary

This writ petition, filed by fourteen conductors of the Kerala State Road Transport Corporation (KSRTC), seeks to count provisional service towards regular pension and pensionary benefits. The petition contends that provisional service rendered prior to regularization must be reckoned for pension calculations, consistent with equity and established practice. The court anchors its reasoning in a binding Larger Bench decision, K. L. Francis v. Kerala State Road Transport Corporation, Thiruvananthapuram & another, reported as 2015(2) KHC 1, which held that provisional service can be reckoned for pension and pensionary benefits. The petition therefore appears covered by that ruling. The KSRTC, through its counsel, contends that Special Leave Petition is preferred against the Larger Bench judgment, suggesting the LB ruling may be subject to higher court scrutiny. In light of this, the respondent is directed to consider the petitioners’ representations (Exts P29–P42) and determine within two weeks, in compliance with the Larger Bench decision, the reckoning of provisional service for pension and related benefits. The writ petition is disposed of accordingly, with directions to implement the LB judgment’s principles while awaiting any further higher-court action. Exhibits listed in the Appendix include appointment orders, proformas, and memoranda relating to the petitioners’ service records.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners seek to have provisional service counted for pension and pensionary benefits, grounding their claim on the principle laid down by the Larger Bench in K. L. Francis v. KSRTC. They rely on service records, appointment orders, and proformas (Exhs P1–P15, P29–P43) to show continued affiliation and potential pension reckonability during provisional postings. Their argument centers on ensuring equitable pension calculations by recognizing provisional service as contributory to retirement benefits.

Contentions of Respondents

The KSRTC defends the Larger Bench decision, noting that Special Leave Petition proceedings may impact the LB ruling. It appears to urge caution in applying the LB judgment pending final appellate determination. In the interim, KSRTC concedes to consider the petitioners’ representations (Exhs P29–P42) and to decide within two weeks in accordance with the LB judgment, so that pension or related benefits can be computed as per the LB framework while awaiting higher court guidance.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
K. L. Francis v. Kerala State Road Transport Corporation, Thiruvananthapuram & another2015(2) KHC 1PositiveCited as binding authority of a Larger Bench holding that provisional service can be reckoned for pension and pensionary benefits.

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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** ## **WEDNESDAY, THE 20TH DAY OF JULY 2016/29TH ASHADHA, 1938** **WP(C).No. 24044 of 2016 (E) ----------------------------** ## **PETITIONER(S):** - **-------------** ## **1. R.RADAKRISHNA PANICKER,** **S/O. A.RAMACHANDRA PANICKER, AGED 43 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDING AT VAISHNAVAM, AGASTHYACODU, ANCHAL P.O., KOLLAM-691 306.** **2. J.VINOD, S/O. G.JANARDHANAN PILLAI, AGED 46 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDINGA T CHANDANAM, VILAKKUDI P.O., KUNNICODE, PUNALUR, KOLLAM-691 508.** ## **3. T.RADHAKRISHNAN,** **S/O. R.THANKAPPAN ACHARI, AGED 44 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDING AT CHARUVILA PUTHENVEEDU, VILAKKUDI P.O., KUNNICODE, PUNALUR, KOLLAM-691 508.** **4. J.VINOD (KOTTAVATTOM),** **S/O. N.JANARDHANAN PILLAI, AGED 41 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDING AT VINOD BHAVAN, KOTTAVATTOM- P.O., ELAMPAL (VIA), PUNALUR, KOLLAM-691 322.** **5. T.RADHAKRISHNA PILLAI,** **S/O. THANKAPPAN PILLAI, AGED 45 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDING AT POOMANGALATH PUTHEN VEEDU, THALACHIRA P.O., CHIRATTAKONAM, KOTTARAKKARA, KOLLAM DISTRICT-691 538.** **msv/** **-2-** **-2-** **WP(C).No. 24044 of 2016 (E)** **---------------------------** ## **6. V.M.VARGHESE** **S/O. M.C.MATHEW, AGED 51 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDING AT VALLIYAZHAKATHU THEKKATHIL, KUTTIKONANM, KUNNICODE P.O., KOLLAM DISTRICT-691 508.** **7. P.PRAKASHAN NAIR,** **S/O. K.PRABHAKARAN NAIR, AGED 51 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDING AT KUZHIYANTHARATHU VEEDU, KOTTAVATTOM P.O., ELAMPAL (VIA), KOLLAM DISTRICT-691 322.** ## **8. A.SUNDARESAN,** **S/O. LATE V.ASHOKAN, AGED 51 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDING AT SUNDARESA MANDIRAM, VETTITHITTA P.O., VANVILA, PIRAVANTHUR, PUNALUR, PATHANAPURAM-689 696.** **9. G.JIJI,** **S/O. K.GEORGE, AGED 46 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDING AT PALAYATHONDALIL VEEDU, PANDITHITTA, AMBALANIRAPPU P.O., KUNNICODE, KOLLAM-691 508.** **10. C.N.VASUNDARAN,** **S/O. K.NANU, AGED 44 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDING AT GEETHA BHAVAN, PALACHERRY P.O., PUNALUR, KOLLAM-691 331.** **11. V.JOSEPH KUTTY,** **S/O. LATE K.M.VARGHESE, AGED 50 YEARS, CONDUCTOR GR.II,** **K.S.R.T.C., PUNALUR AND RESIDING AT JITHIN LAND, VALIYAVILA VEEDU, KOTTAVATTOM P.O., ELAMBAL VIA, KOLLAM-691 322.** **12. B.SANTHOSH KUMAR,** **S/O. N.BALAKRISHNA PILLAI, AGED 46 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDING AT VILALYIL PUTHEN VEEDU, KOTTAVATTOM P.O., ELAMBAL VIA, KOLLAM-691 322.** **13. D.S.RAJASEKHARAN,** **S/O. G.DAMODHARAN NAIR, AGED 47 YEARS, CONDUCTOR GR.II, K.S.R.T.C., PUNALUR AND RESIDING AT PALAYATHONDALIL VEEDU, PANDITHITTA, AMBALANIRAPPU P.O.,KUNNICODE, KOLLAM-691 508.** **msv/** **-3-** **-3-** ## **WP(C).No. 24044 of 2016 (E)** **---------------------------** **14. C.BIMAL KUMAR, S/O. CHANDRASEKHARAN PILLAI, AGED 40 YEARS, CONDUCTOR GR.II, K.S.R.T.C., SULTHANBATHERY AND RESIDING AT AMBADIYIL, VENDAR P.O., KOTTARAKKARA, KOLLAM-691 507.** **BY ADVS.SRI.N.UNNIKRISHNAN SRI.PAULACHAN IYPE SRI.K.U.VIVEK SRI.C.O.JOSE** **RESPONDENT(S):** **--------------** **1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, TRANSPORT (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023, REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR.** **R1 BY GOVERNMENT PLEADER SRI.T.R.RAJESH R2 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **msv/** ## **WP(C).No. 24044 of 2016 (E) ----------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 A TRUE COPY OF MEMO NO. E1 1659/93/PLR DATED 14-10-1993. EXHIBIT P2 A TRUE COPY OF PROFORMA DATED 13-02-2012 ISSUED BY THE A.T.O., KSRTC, PUNALUR. EXHIBIT P3 A TRUE COPY OF PROFORMA DATED 09-02-2012 ISSUED BY THE A.T.O., KSRTC, PUNALUR. EXHIBIT P4 A TRUE COPY OF PROFORMA DATED 09-02-2012 ISSUED BY THE A.T.O., KSRTC. EXHIBIT P5 A TRUE COPY OF PROFORMA DATED 13-02-2012 ISSUED BY THE A.T.O., KSRTC. EXHIBIT P6 A TRUE COPY OF PROFORMA DATED 10-02-2012 ISSUED BY THE A.T.O., KSRTC, PUNALUR. EXHIBIT P7 A TRUE COPY OF APPOINTMENT ORDER NO. E1. 1659/93/PLR DATED 16-10-1993. EXHIBIT P8 A TRUE COPY OF PROFORMA DATED 13-02-2012 ISSUED BY THE A.T.O., KSRTC, PUNALUR. EXHIBIT P9 A TRUE COPY OF APPOINTMENT ORDER NO. E1. 1659/93/PLR DATED 16-10-1993. EXHIBIT P10 A TRUE COPY OF PROFORMA DATED 13-02-2012 ISSUED BY THE A.T.O., KSRTC, PUNALUR. EXHIBIT P11 A TRUE COPY OF PROFORMA DATED 09-02-2012 ISSUED BY THE A.T.O., KSRTC, PUNALUR. EXHIBIT P12 A TRUE COPY OF PROFORMA DATED 13-02-2012 ISSUED BY THE A.T.O., KSRTC, PUNALUR. EXHIBIT P13 A TRUE COPY OF APPOINTMENT ORDER NO. E1. 1659/93/PLR DATED 14-10-1993. EXHIBIT P14 A TRUE COPY OF PROFORMA DATED 06-02-2012 ISSUED BY THE A.T.O., KSRTC, PUNALUR. EXHIBIT P15 A TRUE COPY OF MEMORANDUM NO. PL.12/025739/2008 DATED 11-07-2012 ISSUED TO THE FIRST PETITIONER. msv/** **-2-** **-2-** ## **WP(C).No. 24044 of 2016 (E)** **----------------------------** **EXHIBIT P16 A TRUE COPY OF MEMORANDUM NO. PL.12/025739/2008 DATED 07-04-2012 ISSUED TO THE 2ND PETITIONER. EXHIBIT P17 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07-04-2012 ISSUED TO THE 3RD PETITIONER. EXHIBIT P18 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07-04-2012 ISSUED TO THE 4TH PETITIONER. EXHIBIT P19 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07-04-2012 ISSUED TO THE 5TH PETITIONER. EXHIBIT P20 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07-04-2012 ISSUED TO THE 6TH PETITIONER. EXHIBIT P21 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07-04-2012 ISSUED TO THE 7TH PETITIONER. EXHIBIT P22 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 24-04-2012 ISSUED TO THE 8TH PETITIONER. EXHIBIT P23 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07-04-2012 ISSUED TO THE 9TH PETITIONER. EXHIBIT P24 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07-04-2012 ISSUED TO THE 10TH PETITIONER. EXHIBIT P25 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07-04-2012 ISSUED TO THE 11TH PETITIONER. EXHIBIT P26 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07-04-2012 ISSUED TO THE 12TH PETITIONER. EXHIBIT P27 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07-04-2012 ISSUED TO THE 13TH PETITIONER. EXHIBIT P28 A TRUE COPY OF MEMORANDUM NO. PL12/025739/2008 DATED 07-04-2012 ISSUED TO THE 14TH PETITIONER. EXHIBIT P29 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 1ST PETITIONER. EXHIBIT P30 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 2ND PETITIONER. EXHIBIT P31 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 3RD PETITIONER. msv/** **-3-** **-3-** ## **WP(C).No. 24044 of 2016 (E)** **----------------------------** **EXHIBIT P32 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 4TH PETITIONER. EXHIBIT P33 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 5TH PETITIONER. EXHIBIT P34 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 6TH PETITIONER. EXHIBIT P35 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 7TH PETITIONER. EXHIBIT P36 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 8TH PETITIONER. EXHIBIT P37 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 9TH PETITIONER. EXHIBIT P38 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 10TH PETITIONER. EXHIBIT P39 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 11TH PETITIONER. EXHIBIT P40 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 12TH PETITIONER. EXHIBIT P41 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 13TH PETITIONER. EXHIBIT P42 A TRUE COPY OF THE REPRESENTATIONS DATED 08-05-2016 SUBMITTED BY THE 14TH PETITIONER. EXHIBIT P43 A TRUE COPY OF ORDER NO. PA3/23289/15/WPC DATED 08-04-2016. EXHIBIT P44 A TRUE COPY OF JUDGMENT DATED 08-04-2016 IN C.O.(C)NO. 485/2016 IN WPC NO. 23289/2015 (S.SADASIVAN AND OTHERS VS. SHRI ANTONY CHACKO). EXHIBIT P45 A TRUE COPY OF JUDGMENT DATED 23-05-2016 IN WPC NO. 17943/2016(P). RESPONDENT(S)' EXHIBITS: -----------------------NIL //TRUE COPY//** **Msv/** **P.S.TO JUDGE** ## **SHAJI P. CHALY, J.** ---------------------------- W.P.(C). No. 24044 of 2016 **----------------------------------------** Dated this the 20[th] day of July, 2016 ## **JUDGMENT** This writ petition is filed by petitioners seeking to count the provisional service for regular pension and pensionary benefits. The Larger Bench of this Court in **K.L Francis v. Kerala State Road Transport Corporation, Thiruvananthapuram & another** [2015(2) KHC 1] has held that, the provisional service can be reckoned for calculating the pension and pensionary benefits. Therefore, the issue raised by the petitioners in this writ petition is covered by the aforesaid Larger Bench judgment. 2. However, learned Standing Counsel for the respondent Corporation has submitted that, Special Leave Petition is preferred against the said Larger Bench judgment. 3. Therefore, the respondent will consider 2 W.P.(C). No. 24044 of 2016 Ext.P29 to P42 representations submitted by petitioners and take a decision within two weeks, in compliance with the judgment of the Larger Bench judgment with respect to reckoning the period of provisional service for pension and other benefits. Writ petition is disposed of accordingly. Sd/- **SHAJI P. CHALY, JUDGE** dlk/20/7/