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. 619 of 2008(W) ------------------------ PETITIONER(S): --------------- V.LOOKOSE, S/O.VARGHESE, DRIVER, (RETD), KSRTC, AGED 59 YEARS, KARICHIRA VEEDU, KODIMATHA, KOTTAYAM 39. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, TRANSPORT (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 619/2008) PETITIONER'S EXTS. EXT.P1 A TRUE COPY OF THE MEMORANDUM NO.E4-0103/03/KTM DTD,. 22.4.2003 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KOTTAYAM. EXT.P2 A TRUE COPY OF THE REFERRAL O.P.CARD NO.785203 DTD. 8.12.1995 ISSUED BY THE MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. EXT.P3 A TRUE COPY OF GOP NO.1851/99/FIN DTD. 18.9.1999. EXT.P4 A TRUE COPY OF REPRESENTATION DTD. 19.7.2006 SUBMITTED BY PETITIONER TO R2. EXT.P5 A TRUE COPY OF JUDGMENT DT. 16.11.2006 IN WPC 30191 OF 2006. EXT.P6 A TRUE COPY OF ORDER NO.PA/11.014185/03 DTD. 8.2.2007. EXT.P7 A TRUE COPY OF REPRESENTATION DT. 18.5.2007 SUBMITTED BY PETITIONER TO R1. LGK THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 619 OF 2008 ............................................ DATED THIS THE 16th DAY OF JULY, 2009 JUDGMENT The petitioner joined the service of the second respondent, Corporation on 28.8.1991 and retired on 30.4.2003. On 16.3.1993, he entered on leave without allowance in terms of Appendix XIIA of Part I, Kerala Service Rules. The period of such leave would be lost while counting the length of service to determine the eligibility for pension. But, on the facts of the case, it appears that while working elsewhere, the petitioner became sick and there are medical records which show that he was essentially in a condition which required hospitalisation for cardiac or nephrological issues apart from spinal problems. Under such circumstances, it would always be open to the employer to consider whether the leave granted under Appendix XIIA could be terminated with effect from the date on which the petitioner was hospitalised and instead, grant him leave on medical grounds on satisfaction of appropriate conditions as to certification of the medical condition, in so far as it relates to the period during Wpc 619/2008 2 which the petitioner was sick. I say this in the context of the submission on behalf of the petitioner that if this were done at least on humanitarian grounds, the petitioner could avail at least ex-gratia pension. Accordingly, this writ petition is ordered directing that an appropriate representation from the petitioner would be considered by the Managing Director of KSRTC in the light of what is stated above, in particular, with reference to the plea for ex-gratia pension by converting the leave as stated above. Let this be done within a period of five days from the date of receipt of a copy of this judgment. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/17/7