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