IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15071 of 2008(T)
1. E. ABOOBACKER (DRIVER, KSRTC,
... Petitioner
Vs
1. KERALA STATE ROAD TRANSPORT CORPORATION,
... Respondent
2. ASSISTANT TRANSPORT OFFICER,
For Petitioner :SRI.K.P.RAJEEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :28/07/2008
O R D E R
K.M. JOSEPH, J.
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W.P.(C) No. 15071 OF 2008 T
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Dated this the 28th day of July, 2008
J U D G M E N T
Petitioner entered in service as Reserve Driver on
10.1.1977. Thereafter, he was appointed as 2nd Grade Driver on
28.5.1979. His probation was declared on 5.2.1982. He was
promoted as First Grade Driver on 10.6.1987. While working at
Ponnani depot, the petitioner was granted Leave Without
Allowance for five years i.e., 7.6.1988 to 6.6.1993. The said leave
was extended for a further period of five years from 7.6.1993 to
6.6.1998. According to the petitioner, eventhough he had to join
duty on 7.6.1998, he applied for extension of leave. This is denied
as evident from the averments in paragraph 7 of the counter
affidavit which is extracted as follows:
” 7. The averment in paragraph 3 that
petitioner submitted an application for extension of
leave after 07/06/1998 is false. There is no material
to show that his period of leave is extended beyond
07/06/1998. The averment that the 2nd respondent
informed that his period of leave is extended is also
false. Petitioner has not approached any authority
WPC.15071/08
: 2 :concerned for sanctioning pensionary benefits. The
averments in paragraph 3 of the writ petition are
false and misconceived. The averment that
petitioner submitted an application for extension of
the leave as mentioned above is thoroughly
misleading. The initial grant of leave and extension
was for a period of 5 years. The remaining period
in the service of petitioner since 07/06/1998 is only
4 years and 9 months. Ext.P3 dtd. 07/03/01 stating
that serial No.11 E.Aboobacker on LWA from
07/06/1993 to 06/06/1998 has not reported for duty
till date is not disputed till this date. Petitioner also
did not challenge the said proceedings though it is
stated in the writ petition that petitioner when
approached the authorities concerned for
sanctioning his pensionary benefits was informed
that petitioner’s leave application with effect from
07/06/1998 is not sanctioned and that period is
recorded as unauthorized absence in the list of
employees due to retire from service of the
Corporation during the financial year 2001-02.”
The complaint of the petitioner is that the petitioner has not
paid pensionary benefits as Provident Fund, Staff Welfare Fund,
DCRG, Commuted Value of Pension, etc.
2. I heard learned counsel for the petitioner and learned
standing counsel. Learned counsel for the petitioner would submit
WPC.15071/08
: 3 :
that this is a case whereupon the expiry of the period for which the
petitioner is granted extension, the petitioner has applied for a
further extension. He would submit that he must be treated as
retired on superannuation for the reason that while it may have
been open to the respondent to take action against him if he had
not joined duty and not given the application, the fact is that no
action is taken. According to the petitioner, he has 11 years 4
months and 28 days of service. Having heard the parties, the writ
petition is disposed of as follows.
There will be a direction to the 1st respondent to consider
and take a decision in the case of the petitioner in accordance with
law regarding the pensionary benefits payable to him within one
month from the date of receipt of a copy of this judgment. I make
the interim order regarding payment of Provident Fund and Staff
Welfare Fund absolute. The amount which is payable to the
petitioner as per the decision will be paid to the petitioner within
two months from the date of the decision taken.
Sd/-
(K.M.JOSEPH, JUDGE)
aks