High Court Kerala High Court

M.A.Kunju Mohammed vs The Kerala State Road Transport on 4 February, 2009

Kerala High Court
M.A.Kunju Mohammed vs The Kerala State Road Transport on 4 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2504 of 2005(W)


1. M.A.KUNJU MOHAMMED, RETIRED SERGEANT,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ROAD TRANSPORT
                       ...       Respondent

                For Petitioner  :SRI.KRB.KAIMAL (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/02/2009

 O R D E R
                             S. Siri Jagan, J.
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                      W. P (C) No. 2504 of 2005
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                 Dated this, the 4th    February, 2009.

                            J U D G M E N T

The petitioner entered service of Kerala State Road Transport

Corporation as a Sergeant on 24-8-1978. Prior to joining the Kerala

State Road Transport Corporation, the petitioner put in service in the

CRPF for the period from 1-7-1964 to 26-6-1976. He retired from the

service of the Kerala State Road Transport Corporation on 31-1-2000.

By Ext. P2, retirement benefits were sanctioned to him. But, in the

same, the service put in by him in the CRPF was not reckoned for the

purpose of calculation of retirement benefits. According to him,

going by Exts.P.3 and P4 Government Orders, service put in CRPF

qualifies as qualifying service for the purpose of pension. The

petitioner would submit that in view of the fact that the Kerala State

Road Transport Corporation is following KSR for the purpose of

pension to its employees, Government Orders referred to above as

also Rules 8, 10 and 11 of the Kerala Service Rules and the

Government decisions under the same are also applicable to the

employees of the Kerala State Road Transport Corporation. Going

thereby, the petitioner is entitled to get his CRPF service reckoned for

the purpose of retirement benefits, is the contention of the petitioner.

The petitioner therefore filed a representation Ext. P5 before the

Managing Director of the Corporation. By Ext. P6 judgment, this

Court directed the Managing Director to consider that

representation. By Ext. P7, that representation was rejected on the

ground that the Government Orders relied upon by the petitioner have

not been implemented in the Corporation. The petitioner’s further

representation in this matter was rejected by Ext. P9. The petitioner

is challenging Exts.P7 and P9 seeking the following reliefs:

“i) Issue a writ of certiorari quashing/setting aside Exts. P7

W.P.C. No. 2504/2005. -: 2 :-

and P9.

ii) issue a writ of mandamus to the respondent to consider Ext.
P5 representation and to issue orders granting revised
pensionary benefits reckoning the service in the CRPF also as
qualifying service, and to disburse the arrears of pensionary
benefits such as monthly pension, Commuted Pension and
D.C.R.G.”

2. I have considered the contentions of the petitioner.

3. Kerala State Road Transport Corporation is an autonomous

body. Rules and orders applicable to the Government servants are

not automatically applicable to the employees of the Corporation

unless specifically adopted by the Corporation in that regard. The

mere fact that the employees of the Corporation are paid pension in

accordance with K.S.R does not ipso facto mean that all orders issued

by the Government in respect of pension are applicable to the

Corporation, unless the Corporation adopts those Government Orders

also. The employees of the Corporation cannot seek benefits under

those Government Orders unless, of course, the Corporation has

adopted the KSR and all other Government Orders issued under the

same. The petitioner has not been able to satisfy me that the

Corporation has done so. In the above circumstances, the petitioner

is not entitled to the reliefs prayed for.

Accordingly, the writ petition is dismissed.

Sd/- S. Siri Jagan, Judge.

Tds/