IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 30374 of 2008(N) -------------------------- PETITIONER(S): --------------- E.K.SIVASANKARAN NAIR, S/O.KRISHNAN NAIR AGED 56 YEARS, DRIVER GR.II, RETD, KSRTC, ERATTUPETTA AND RESIDING AT ENTHUMMOOTTIL HOUSE, CHEMMALAMATTOM P.O., KOTTAYAM. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REP. BY MANAGING DIRECTOR. 2. THE ASSISTANT TRANSPORT OFFICER, KSRTC, ERATTUPETTA. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 30374/2008) PETITIONER'S EXTS. EXT.P1 A TRUE COPY OF THE MEMORANDUM NO.E1-204/94/RTPA DTD. 1.2.1994. EXT.P2 A TRUE COPY OF MEMORANDUM NO.PLA-6/026300/2008 DTD. 12.7.2000. EXT.P3 A TRUE COPY OF MEMO NO.E1-368/99/ETPA DTD. 22.7.2000. EXT.P4 A TRUE COPY OF MEMORANDUM OF SETTLEMENT DT. 13.4.1999. EXT.P5 A TRUE COPY OF THE REPRESENTATION DT.12.7.2007 SUBMITTED BY THE PETITIONER TO R1. EXT.P6 A TRUE COPY OF THE JUDGMENT DT. 17.10.2006 IN WPC 33819/2005. EXT.P7 A TRUE COPY OF THE JUDGMENT DTD. 18.12.2006 IN WA 2243/2006. EXT.P8 A TRUE COPY OF JUDGMENT DTD. 30.7.2007 IN WPC 23191 OF 2007. EXT.P9 A TRUE COPY OF MEMORANDUM NO.PL14/025230/07 DTD. 10.10.2007. EXT.P10 A TRUE COPY OF ORDER NO.LR8-02 3330/97 DT. 27.1.2007. lgk THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 30374 OF 2008 ............................................ DATED THIS THE 16th DAY OF JULY, 2009 JUDGMENT The petitioner is aggrieved by impugned Ext.P9, refusing to reckon his daily wage service also for the purpose of determining the qualifying service for pension. The issue is squarely covered against KSRTC in terms of Ext.P7 judgment rendered after noticing clause 23 of the settlement binding on KSRTC. That provision in the settlement enjoins that daily wages period rendered by staff before their regular appointment in full, will count for pension, provided there is at least ten days duty in a month. Applying Ext.P7 judgment, which also is issued with reference to Idicula Abraham V. KSRTC (2005(3) KLT Short notes 67, Case No.79), there is no ground to sustain impugned Ext.P9. The same is accordingly quashed and it is ordered that the qualifying service of the petitioner for pension shall be reckoned by taking into consideration first daily wages service also in terms of clause 23 of Ext.P4 memorandum. Let this be done and financial benefits due on account of this be released Wpc 30374/2008 2 within a period of three months from the date of receipt of a copy of this judgment. Writ petition ordered accordingly. No costs. It is clarified that the enforcement of the terms of this judgment shall be made, subject to the result of any review petition filed by the KSRTC against Ext.P7 judgment. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/17/7