IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12285 of 2007(K)
1. K.BALAKRISHNAN NAIR,
... Petitioner
Vs
1. KERALA STATE ROAD TRANSPORT CORPORATION,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.MURALI PURUSHOTHAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :10/04/2007
O R D E R
PIUS C. KURIAKOSE, J
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W.P.(C) .12285 OF 2007
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Dated this the 10th day of April, 2007
JUDGMENT
Sri.Johnson P.John, standing counsel
takes notice on behalf of the Kerala State
Road Transport Corporation. Heard Sri.Murali
Purushothaman, counsel for the petitioner and
Sri.Johnson P.John standing counsel.
2. The issue, as correctly submitted
by the learned counsel for the petitioner, is
covered by the judgment of a Division Bench of
this court in Idicula Abraham v. Kerala State
Road Transport Corporation {2005 (3) K.L.T. SN
67}.
3. Therefore, this writ petition will
stand allowed. There will be a declaration
that the petitioner is entitled to count the
provisional service rendered by him up to
1.10.1994 for the purpose of pensionary
benefits along with the regular service.
There will be a direction to the first
W.P.(C) .12285 OF 2007
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respondent to disburse all the retirement
benefits including pension and commuted value
of pension and D.C.R.G by reckoning the
service rendered by the petitioner as a
provisional employee of the Corporation along
with his regular service. The corporation will
release to the petitioner monthly pension and
arrears of monthly pension which falls due as
a consequence of the above declaration, at the
earliest and at any rate, within six weeks
from today. Since Ext.P11 will show that the
petitioner is a patient of Cancer and is
undergoing treatment in the Regional Cancer
Centre, Thiruvananthapuram, there will be a
direction to the respondents to release to him
his D.C.R.G out of turn, within a period of
one month from the date of receipt of a copy
of this judgment. The DCRG amount will be
released by means of an instrument drawn in
favour of Regional Cancer Centre,
Thiruvananthapuram. But the commuted value of
W.P.(C) .12285 OF 2007
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pension will be released only when his turn as
per the guideline framed pursuant to the
judgment in W.A.No.289/01.
Sd/-
PIUS C. KURIAKOSE
(JUDGE)
sk1/-
//true copy//
P.S. to Judge.
W.P.(C) .12285 OF 2007
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PIUS C. KURIAKOSE, J
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W.P.(C) .12285 OF 2007
JUDGMENT
10th April, 2007
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