IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 16879 of 1999(H)
1. V.SREENIVASAN
... Petitioner
Vs
1. M.D. KSRTC
... Respondent
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :SRI.JAMES KOSHY.N., SC. KSRTC
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :26/03/2009
O R D E R
S.SIRI JAGAN, J.
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O.P.No.16879 of 1999
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Dated this the 26th day of March, 2009
J U D G M E N T
The petitioner is a retired employee of the Kerala State Road
Transport Corporation. He retired from service on 31.7.1997. Prior to
entering the service of the KSRTC, the petitioner had provisional
service. The petitioner’s grievance in this original petition is that that
provisional service is not being taken into account for the purpose of
calculating his pensionery benefits.
2. The contention of the KSRTC is that that provisional service
is computable for the purpose of fixing retirement benefits only as per
the settlement entered into in 1999, between the KSRTC and the
unions of employees. Since the petitioner retried prior to 1999, the
petitioner is not entitled to the benefit of that settlement. The
contention of the petitioner is that even prior to 1999 also provisional
service was reckonable for the purpose of pension in so far as the
Kerala Service Rules have been made applicable to the employees of
the KSRTC also. As per the Government orders issued under the KSR,
provisional service prior to 1.10.1994 is to be reckoned for the
purpose of calculating pensionary benefits. The answer of the KSRTC
to the same is that although KSR has been made applicable, the
Government order issued under the KSR has not been specifically
adopted by the KSRTC. Therefore, the same cannot be applied for the
purpose of computing retirement benefits due to the petitioner, is the
contention raised by the counsel for the KSRTC.
o.p.16879/99 2
3. I have considered the rival arguments in detail.
4. As is clear from Order No.PLB5.30232/84. dated 5.5.1984
issued by the KSRTC, Government letter No.26700/A1/82/TF&P dated
27.3.1984 authroises the Corporation to pay pension to its employees
as per KSR. Further, in respect of the employees retired from 1999
onwards, going by the decision of this Court in Idicula Abraham v.
KSRTC and Ors. [2005 (2) KLT 602], provisional service is to be
computed for the purpose of fixing retirement benefits due to the
employees of the KSRTC. The Supreme Court has in several decisions
held that for the purpose of retirement benefits, fixation of cut of dates
would be discriminatory. In any event, since the KSR is made
applicable to the employees of the KSRTC, the petitioner would be
entitled to computation of provisional service also for the purpose of
pension. In the above circumstances, even without going into the
question as to whether without the Government orders issued under
the KSR having been specifically adopted by the KSRTC, such orders
are applicable to the employees of the KSRTC, I direct that the
petitioner be paid retirement benefits taking into account his
provisional service also. Orders in this regard shall be passed and
arrears disbursed within three months from the date of receipt of a
certified copy of this judgment.
sdk+ S.SIRI JAGAN, JUDGE
S.SIRI JAGAN, J.
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O.P.No.16879 of 1999-H
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J U D G M E N T
26th March, 2009