IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 29254 of 2003(G) ---------------------------------- PETITIONER(S): ------------------- SATHYANESAN, AGED 60 YEARS, S/O. DANIEL, KUNCHUKONATHU THADATHARIKATHU VEEDU, MANALI, KOLLODE P.O., THIRUVANANTHAPURAM. RETD. COACH BUILDER K.S.R.T.C., ALWAYE. BY ADVS. SRI.VAZHUTHACAUD R.NARENDRAN NAIR SRI.R.T.PRADEEP SRI.V.VIJULAL SRI.T.A.PRASANTH RESPONDENT(S): -------------------- THE KERALA STATE TRANSPORT CORPORATION, REP.BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. R1 BY GOVT.PLEADER SRI.ANTONY MUKKATH SRI.JAMES KOSHY.N., SC. KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 29254/2003(G) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF MEMORANDUM DATED 08/10/1973 ISSUED BY THEKKAN WORKERS MANAGER, REGIONAL WORKSHOP, K.S.R.T.C. ALWAYE. P2: COPY OF CERTIFICATRE DATED 12/06/1974 ISSUED BY THE WORKS MANAGER OF REGIONAL WORKSHOP AT ALWAYE TO THE PETITIONER. P3: COPY OF MEMORANDUM DATED 28/11/1975 ISSUED BY DISTRICT TRANSPORT OFFICER, TRIVANDRUM CENTRAL TO THE PETITIONER. P4: COPY OF REPRESENTATION DATED 21/01/2003 SENT BY PETITIONER BEFORE THE RESPONDENT. P5: COPY OF COMMUNICATION DATED 28/03/2003 ISSUED BY RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE SVS/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.29254 of 2003 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of October, 2010 J U D G M E N T The petitioner is a retired employee of the Kerala State Road Transport Corporation. In this writ petition, the petitioner claims reckoning of his provisional service prior to his entering regular service as qualifying service for pension. He would be entitled to count such provisional service for the purpose of pension only if that provisional service was continuous and was followed by regular service without interruption. A statement has been filed by the K.S.R.T.C., wherein it has been stated that, he was appointed provisionally through Employment Exchange on daily wages and on completion of every 89 days his service had been terminated. His regular service started only from 04.12.1975 after a period of 18 months from the date of termination of his provisional service is the contention raised in the statement. This is not disputed by the W.P.(C)No.29254 of 2003 -2- petitioner. That being so, such provisional service is not liable to be counted for the purpose of reckoning qualifying service for retirement benefits of the petitioner. Therefore, there is no merit in this writ petition and accordingly the same is dismissed. S. SIRI JAGAN JUDGE shg/