High Court of KeralaSingle JudgeDisposed of
R. Sureshkumar and others v. State of Kerala and Kerala State Road Transport Corporation
Case / Petition Number:WP(C).No. 23739 of 2016 (N)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Shaji P. Chaly
- Judgment Date
- 2016-07-18
- Court Decision / Holding
- The Court holds that a direction can be issued to count provisional service rendered prior to regularisation for quantifying pension and pensionary benefits, with the explicit proviso that the order is subject to the result of the Supreme Court’s SLP challenging the Larger Bench judgment. The court also directs that the decision be taken within two months from the date of receipt of a copy of this judgment. Writ petition disposed of accordingly.
- Final Disposition
- Disposed of
Parties to the Case
Appellants / Petitioners
- R. Sureshkumar S/O.K.RADHAKRISHNAN
- G. Manoj Kumar S/O.N.GOPALAN NAIR
- V. Reghu Achari S/O.VASUDEVAN ACHARI
- T. Aniyan S/O.THANKAPPAN
- R. Girirsh Kumar S/O.M.RAMACHANDRAN
- P.A. Baby John S/O.P.K.AGUSTIAN
- M.R. Viswamohanam S/O.M.RAMAKRISHNAN
- R. Shaji S/O.K.RAVEENDRAN
- M.R Jiji Kumar S/O.MRITHUNJAYARAGHAVAN
- N. Jayakumar S/O.G.NANU
Respondents
- State of Kerala represented by the Secretary to Government, Transport (A) Department, Government Secretariat, Thiruvananthapuram
- Kerala State Road Transport Corporation Transport Bhavan, Fort, Thiruvananthapuram represented by the Chairman & Managing Director
Legal Representation & Advocates
Counsels for Petitioners
- • Sri N. Unnikrishnan
- • Sri Paulachan Iype
Counsels for Respondents
- • Sri Vijulal (Sr. Government Pleader)
- • Sri M. Gopikrishnan Nambiar, SC, KSRTC
Case Synopsis & Summary
This writ petition (WP(C).No. 23739 of 2016) filed in the Kerala High Court by ten KSRTC conductors seeks a directive for counting provisional service, rendered prior to their regularisation, for the computation of pension and pensionary benefits, along with related reliefs. The petitioners assert that the issue is settled by Exts. P34 and P36—judgments of this Court (Sadasivan and others v. State of Kerala, etc.)—and by the Larger Bench decision in Francis v. Kerala State Road Transport Corporation (LB, 2015). The respondents acknowledge the merit of counting provisional service but caution that a Special Leave Petition before the Supreme Court challenges the Larger Bench ruling, so any order may be subject to the outcome of that SLP. After evaluating facts and existing jurisprudence, the learned judge concludes that the second respondent can be directed to include provisional service against pension calculations, including service prior to regularisation, with a caveat that the order is subject to the Supreme Court’s decision on the SLP. The court further directs that the decision be issued within two months from receipt of a copy of the judgment, and disposes of the petition accordingly. The decision leaves room for future modification pending appellate guidance on the larger constitutional question.
Submissions & Arguments
Contentions of Appellants / Petitioners
Petitioners contend that their provisional service, though rendered before regularisation, must be counted for pension and pensionary benefits. They rely on Exts. P34 and P36 (this Court’s judgments) and the Larger Bench decision in Francis v. Kerala State Road Transport Corporation to argue that provisional service should be counted for pension computations.
Contentions of Respondents
The KSRTC concedes the necessity to consider provisional service but submits that the outcome may be affected by the Supreme Court’s consideration of the Special Leave Petition challenging the Larger Bench judgment. Hence, any order should be provisional and subject to the apex court’s decision.
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sadasivan and Others v. State of Kerala | WPC No. 23289/2015 (I) | Positive | Exts. P34 and P36 judgments of this Court are cited as controlling authority on counting provisional service for pension. |
| Sadasivan and Others v. State of Kerala, and Another | CO(C) No. 485/2016 in WPC No. 23289/2015 | Positive | Constitutes the parallel judgment bundled with Ext. P34, reinforcing the same principle. |
| Francis v. Kerala State Road Transport Corporation | 2015(1) KLT 1051 (LB) | Positive | Cited as a Larger Bench authority relied upon by the petitioners; the present judgment notes it in considering relief, albeit with caveat pending SLP. |
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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**
## **MONDAY, THE 18TH DAY OF JULY 2016/27TH ASHADHA, 1938**
## **WP(C).No. 23739 of 2016 (N)**
**----------------------------**
## **PETITIONER(S):**
## **-------------**
**1. R.SURESHKUMAR S/O.K.RADHAKRISHNAN, AGED 40 YEARS, CONDUCTOR GRADE II, KSRTC, PUNALUR AND RESIDING AT SUMA VILASAM, KOTTAVATTOM PO, ELAMBAL (VIA), KOLLAM 691322**
**2. G.MANOJ KUMAR S/O.N.GOPALAN NAIR, AGED 41 YEARS, CONDUCTOR GRADE II, KSRTC PUNALUR AND RESIDING AT MANOJ BHAVAN, KOTTAVATTOM PO, ELAMBAL (VIA), KOLLAM 691322**
**3. V.REGHU ACHARY S/O.VASUDEVAN ACHARI, AGED 51 YEARS, CONDUCTOR GRADE II, KSRTC ARYANKAVU (PUNALUR) DEPOT, AND RESIDING AT MOHANAVILASAM, KOTTAVATTOM PO, ELAMBAL (VIA), KOLLAM 691322**
## **4. T.ANIYAN**
**S/O.THANKAPPAN, AGED 42 YEARS, CONDUCTOR GRADE II, KSRTC PUNALUR AND RESIDING AT REJI BHAVAN, CHAKKUVARAKKALPO, VETTIKKAVALA, KOLLAM 691508**
## **5. R.GIRIRSH KUMAR**
**S/O.M.RAMACHANDRAN, AGED 42 YEARS, CONDUCTOR GRADE II, KSRTC PUNALUR AND RESIDING AT KARTHIKALAYAM, AGASTHYACODU, ANCHAL PO, PUNALUR TALUK, KOLLAM DISTRICT, 691306**
## **6. P.A.BABY JOHN**
**S/O.P.K.AGUSTIAN, AGED 54 YEARS, CONDUCTOR GRADE II, KSRTC CHADAYAMANGALAM DEPOT AND RESIDING AT PUTHUKKATTIL HOUSE, THADIKKAD PO, ANCHAL, KOLLAM DISTRICT, 691306**
## **WP(C).No. 23739 of 2016 (N)**
## **----------------------------**
## **7. M.R. VISWAMOHANAN**
**S/O.M.RAMAKRISHNAN, AGED 50 YEARS, CONDUCTOR GRADE II, KSRTC ARYANKAVU (PUNALUR DEPOT), AND RESIDING AT THUSHARAM (MARUTHIVILA), BLOCK NO. 17, ANDOORPACHA, URUKUNNU PO, PUNALUR, TALUK KOLLAM 681307**
## **8. R.SHAJI**
**S/O.K.RAVEENDRAN, AGED 56 YEARS, CONDUCTOR GRADE II, KSRTC THIRUVANANTHAPURAM CENTRAL DEPOT AND RESIDING AT SHAJI MANDIRAM, NETTAYAM, NEDIYARA PO, ANCHAL, PUNALUR TALUK, KOLLAM 691306**
## **9. M.R JIJI KUMAR**
**S/O.MRITHUNJAYARAGHAVAN, AGED 44 YEARS, CONDUCTOR GRADE II, KSRTC PUNALUR AND RESIDING AT KAMALA BHAVAN, EROOR PO, ANCHAL, KOLLAM 691312**
## **10. N.JAYAKUMAR**
**S/O.G.NANU, AGED 48 YEARS, CONDUCTOR GRADE II, KSRTC KONNI UNIT (PATHANAPURAM DEPOT), AND RESIDING AT THEKKEMELOOTTU VEEDU, PADINJATTINKARA, ETC PO, KOTTARAKKARA, KOLLAM**
## **BY ADVS.SRI.N.UNNIKRISHNAN SRI.PAULACHAN IYPE**
## **RESPONDENT(S):**
## **--------------**
## **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, THIRUVNANATHAPURAM 695023, REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR**
**R1 BY SR.GOVERNMENT PLEADER SRIV.VIJULAL R2 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
## **WP(C).No. 23739 of 2016 (N)**
**----------------------------**
## **APPENDIX**
## **PETITIONER(S)' EXHIBITS**
**----------------------EXHIBIT P1 A TRUE COPY OF PROFORMA OF 2ND PETITIONER DATED 08.02.2012 ISSUED BY THE ATO KSRTC, PUNALUR**
**EXHIBIT P2 A TRUE COPY OF THE CASH RECEIPT NO. CH 47801 DATED 20.05.1994**
**EXHIBIT P3 A TRUE COPY OF PROFORMA OF 4TH PETITIONER DATED 08.02.2012 ISSUED BY THE ATO KSRTC, PUNALUR**
**EXHIBIT P4 A TRUE COPY OF PROFORMA OF 7TH PETITIONER DATED 10.02.2012 ISSUED BY THE ATO KSRTC, PUNALUR**
**EXHIBIT P5 A TRUE COPY OF PROFORMA OF 10TH PETITIONER DATED 07.02.2012 ISSUED BY THE ATO KSRTC, PUNALUR**
**EXHIBIT P6 A TRUE COPY OF MEMORANDUM NO. PL. 12/025739/2008 DATED 07.04.2012 ISSUED TO THE FIRST PETITIONER**
**EXHIBIT P7 A TRUE COPY OF THE MEMORANDUM NO. E2/52/12/PLR DATED 16.04.2012**
**EXHIBIT P8 A TRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED 07.04.2012 ISSUED TO THE 2ND PETITIONER**
**EXHIBIT P9 A TRUE COPY OF THE MEMORANDUM NO. E2/52/12/PLR DATED 16.04.2012**
**EXHIBIT P10 A TRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED 07.04.2012 ISSUED TO THE 3RD PETITIONER**
**EXHIBIT P11 A TRUE COPY OF THE MEMORANDUM NO. E2/52/12/PLR DATED 16.04.2012**
**EXHIBIT P12 A TRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED 07.04.2012 ISSUED TO THE 3RD PETITIONER**
**EXHIBIT P13 A TRUE COPY OF THE MEMORANDUM NO. E2/362/12/PLR DATED 14.11.2012**
**EXHIBIT P14 A TRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2009 DATED 07.04.2010 ISSUED TO THE 5TH PETITIONER**
**EXHIBIT P15 A TRUE COPY OF THE MEMORANDUM NO. E2/52/12/ PLR DATED 16.4.2012**
**EXHIBIT P16 A TRUE COPY OF THE MEMORANDUM NO. E2/1044/12/CDLM DATED 17.04.2012 ISSUED TO THE 6TH PETITIONER**
**EXHIBIT P17 A TRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED 07.04.2012 ISSUED TO THE 7TH PETITIONER**
## **WP(C).No. 23739 of 2016 (N)**
## **----------------------------**
**EXHIBIT P18 A TRUE COPY OF THE MEMORANDUM NO. E2/362/12/PLR DATED 14.11.2012**
**EXHIBIT P19 A TRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED 07.04.2012 ISSUED TO THE 8TH PETITIONER**
**EXHIBIT P20 A TRUE COPY OF THE MEMORANDUM NO. E2/52/12/PLR DATED 16.04.2012**
**EXHIBIT P21 A TRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED 07.04.2012 ISSUE TO THE 9TH PETITIONER**
**EXFHIBIT P22 A TRUE COPY OF THE MEMORANDUM NO. E2/52/12/PLR DATED 16.04.2012**
**EXHIBIT P23 A TRUE COPY OF THE MEMORANDUM NO. PL.12/025739/2008 DATED 07.04.2012 ISSUED TO THE 10TH PETITIONER**
**EXHIBIT P24 A TRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE 1ST PETITIONER**
**EXHIBIT P25 A TRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE 2ND PETITIONER**
**EXHIBIT P26 A TRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE 3RD PETITIONER**
**EXHIBIT P27 A TRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE 4TH PETITIONER**
**EXHIBIT P28 A TRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE 5TH PETITIONER**
**EXHIBIT P29 A TRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE 6TH PETITIONER**
**EXHIBIT P30 A TRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE 7TH PETITIONER**
**EXHIBIT P31 A TRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE 8TH PETITIONER**
**EXHIBIT P32 A TRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE 9TH PETITIONER**
**EXHIBIT P33 A TRUE COPY OF THE REPRESENTATION DATED 08.05.2016 OF THE 10TH PETITIONER**
**EXHIBIT P34 A TRUE COPY OF JUDGMENT DATED 03.08.2015 IN WPC.NO. 23289/2015 (I) (S.SADASIVAN AND OTHERS VS. STATE OF KERALA, AND ANOTHER)**
**EXHIBIT P36 A TRUE COPY OF THE JUDGMENT DATED 08.04.2016 IN CO (C) NO. 485/2016 IN WPC.NO. 23289/2015 (S.SADASIVAN AND OTHERS VS. SHRI ANTONY CHACKO)**
## **WP(C).No. 23739 of 2016 (N)**
**----------------------------**
## **RESPONDENT(S)' EXHIBITS: NIL**
**-----------------------**
**//TRUE COPY//**
**P.A. TO JUDGE**
**dlk**
## **SHAJI P. CHALY, J.**
----------------------------
W.P.(C). No. 23739 of 2016
**----------------------------------------** Dated this the 18[th] day of July, 2016
## **JUDGMENT**
This writ petition is filed by petitioners seeking direction to the respondent Corporation to count the provisional service followed by regular service rendered by the petitioners for calculating pension and pensionary benefits and for other related reliefs.
2. The prime contention put forth by the petitioners is that, the issue with respect to counting of provisional service is covered by Exts.P34 and P36 judgments rendered by this Court. So also it is contended that, the issue is also covered by the Larger Bench judgment of this Court in **Francis v. Kerala State Road Transport Corporation, Thiruvananthapuram and another** [2015(1) KLT 1051(LB)]. It is in this background this writ petition is filed.
W.P.(C). No. 23739 of 2016
2
3. Heard learned counsel for petitioners, learned Government Pleader and learned Standing counsel for Corporation.
4. Learned counsel for petitioners reiterated the contentions raised in the writ petition.
5. Learned Standing Counsel for the Corporation also endorsed the claim raised by petitioners with respect to the calculation of provisional service for quantifying pension and pensionary benefits. However, it is submitted that, challenging the Larger Bench judgment referred (supra) the Corporation has preferred Special Leave Petition before the Apex Court and the same is pending consideration. Therefore, orders if any passed may subject to the result of the Special Leave Petition.
6. Having evaluated the fact situations and reckoning the law laid down by this Court on the issue,
W.P.(C). No. 23739 of 2016
3
I am satisfied that a direction can be issued to the second respondent, taking into account the provisional service rendered by petitioners prior to their regularisation also for quantifying pension and pensionary benefits. The order passed accordingly will be subject to the result of the Special Leave Petition said to be pending before the Apex Court challenging Larger Bench judgment of this Court.
7. Needless to say, decision shall be taken within two months from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
## **SHAJI P. CHALY, JUDGE**
dlk/18/7/