High Court Kerala High Court

E.K.Sasidharan vs Kerala State Road Transport on 19 January, 2007

Kerala High Court
E.K.Sasidharan vs Kerala State Road Transport on 19 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2316 of 2007(A)


1. E.K.SASIDHARAN, S/O.KUMARAN,
                      ...  Petitioner
2. C.K.PRASADAN, S/O.VISWAMBARAN,
3. M.P.MATHAI, S/O.PAILY,
4. P.M.ALIYARKUNJU, S/O.MOIDEEN,

                        Vs



1. KERALA STATE ROAD TRANSPORT
                       ...       Respondent

2. THE MANAGING DIRECTOR,

3. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.K.S.AJAYAGHOSH

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :19/01/2007

 O R D E R


                            PIUS C. KURIAKOSE,J.

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                            W.P.(C)No.2316 of 2007

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                           Dated: 19th January, 2007


                                    JUDGMENT

Adv.Mr.Johnson P.John, Standing Counsel takes notice on

behalf of the K.S.R.T.C.

2. The grievance of the petitioners is that the provisional

service which they had rendered with the Corporation prior to their

regularisation is not being taken into account for the purposes of

increments and pensionary benefits. The issue is obviously covered

by the Division Bench decision of this court in Idicula Abraham v.

K.S.R.T.C. & Others (2005(2) K.L.J. 602). Accordingly, the Writ

Petition will stand allowed. There will be a declaration that the

petitioners are entitled for counting the provisional service rendered

by them in the Corporation along with their regular service for the

purpose of quantifying pension and pensionary benefits. There will be

a direction to respondents 1 and 2 to disburse to the petitioners all

the pensionary benefits including monthly pension, commuted value

of pension and D.C.R.G. by reckoning the service rendered by them

as provisional employees in the Corporation. All monetary benefits

flowing out of the above declaration and direction will be released by

respondents 1 and 2 to the petitioners at the earliest and at any rate

within two months of receiving a copy of this judgment. But as

W.P.C.No.2316/07 – 2 –

regards the amounts payable by way of D.C.R.G. and Commuted

Value of Pension the Corporation can follow the guidelines formulated

in pursuance to the judgment of the Division Bench of this court in

W.A.No.289/2001.

srd                                                      PIUS C.KURIAKOSE, JUDGE