IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 OP.No. 13110 of 2003(I) ----------------------- PETITIONER: ------------ M.V.VISWANATHAN, S/O. RAMAN NAIR, AGED 55 YEARS, DRIVER GRADE-II (RETD.), K.S.R.T.C., MALAPPURAM, NOW RESIDING AT MANJERIVALAPPIL HOUSE, IRIMBILAYAM P.O., VALANCHERI (VIA), MALAPPURAM DISTRICT. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: ------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.JAMES KOSHY.N., SC. KSRTC SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 22210 OF 2003 IN OP 13110 OF 2003 DISMISSED 20.6.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ADVICE MEMO NO. RIB(2) 36457/88/GW DATED 27.7.1991 ISSUED BY THE SECRETARY, KPSC, THIRUVANANTHAPURAM. EXT.P2 TRUE COPY OF THE ABOVE MEMORANDUM NO. PLA. 8/18700/91 DATED 14.1092 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF MEMORANDUM NO. E2-66/92/MPM DATED 22.10.1992 ISSUED BY THE ASST. TRANSPORT OFFICER, MALAPPURAM. EXT.P4 TRUE COPY OF THE MEMORANDUM NO. PLA.8/18700/91 DATED 24.11.1995 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P5 TRUE COPY OF THE APPOINTMENT ORDER NO. E1-3030/95/MPM DATED 11.12.1995 ISSUED BY THE ASST. TRANSPORT OFFICER, MALAPPURAM. EXT.P6 TRUE COPY OF THE MEMO NO. E1-3030/95/MPM DATED 11.12.1995 ISSUED BY THE ASST. TRANSPORT OFFICER, MALAPPURAM. EXT.P7 TRUE COPY OF MEMO NO. E1-3030/95/MPM DATED 23.3.1998 ISSUED BY THE ASST. TRANSPORT OFFICER, MALAPPURAM EXT.P8 TRUE COPY OF MEMO NO. E2-429/2002/MPM DATED 30.1.2003 ISSUED BY THE ASST. TRANSPORT OFFICER, MALAPPURAM. EXT.P9 TRUE COPY OF THE REPRESENTATION DATED 4.3.2003 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P10 TRUE COPY OF MEMO NO. PLA.6.013308/2003 DATED 1.4.2003 ISSUED BY THE RESPONDENT. EXT.P11 TRUE COPY OF THE JUDGMENT DATED 18.12.2006 IN W.A.NO.2243 OF 2006 EXT.P12 TRUE COPY OF JUDGMENT DATED 21.7.2006 IN WPC 4598 OF 2006 EXT.P13 TRUE COPY OF JUDGMENT DATED 19.10.2006 IN WPC 25430 OF 2004 EXT.P14 TRUE COPY OF ORDER NO. LR8-02333/97 DATED 27.1.2007 1ST RESPONDENT'S EXHIBITS: EXT.R1(a) TRUE COPY OF ADVICE MEMO FROM THE SECRETARY, KPSC TO THE PETITIONER DATED 27.7.91 EXT.R1(b) TRUE COPY OF MEMORANDUM NO. PLA.8-18700/91 DATED 14.10.92 ISSUED BY THE RESPONDENT. EXT.R1(c) TRUE COPY OF MEMORANDUM NO. E2.S./92/MPM DATED 22.10.92 OF THE ATO, KSRTC, MALAPPURAM. EXT.R1(d) TRUE COPY OF MEMORANDUM NO. PLA.2/32456/92 DATED 3.6.1992 ISSUED BY THE RESPONDENT. TRUE COPY P.S. TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P.NO. 13110 OF 2003 -------------------------------------------- Dated this the 20th day of June, 2008 JUDGMENT The prayer in the O.P. is to grant pensionary benefits to the petitioner counting his temporary service on daily wages with KSRTC prior to absorption. I have heard counsel appearing for the petitioner and standing counsel for the KSRTC. 2. Petitioner was appointed through PSC which advised the petitioner for appointment as driver on 27.7.1991. The petitioner was appointed on daily wages on 14.10.1992 which was continued vide Ext.P3 order dated 22.10.1992 However, regular appointment was issued vide Ext.P5 dated 11.12.1995 with effect from 11.12.1995. On completion of 240 days, petitioner was regularised in service with effect from 6.10.1996 vide Ext.P7 dated 23.3.1998. When petitioner retired from service, petitioner was granted pension reckoning his regular service from 6.10.1996. Petitioner's grievance is that similar persons who joined like him were granted pension reckoning their service on daily wage basis that is ever since they joined service. 2 Petitioner produced series of judgments in support of his contention. I have gone through Ext.P11 judgment wherein the pension rules are extracted. Under clause (3) petitioner is entitled to count his service on daily wages for the purpose of pension, if the petitioner has 10 days service in a month. Even though counsel for KSRTC submitted that review is filed against Ext.P11 judgment, I do not know how the petitioner can be declined the benefit of Pension Rules extracted in the judgment which is not under challenge. In the circumstances, O.P. is allowed directing the KSRTC to give pension to the petitioner counting his service on daily wage basis also subject to his satisfying the required service in terms of clause (3) of Rule extracted in Ext.P11 judgment. Pensionary benefits should be released to the petitioner within two months from the date of production of a copy of this judgment by the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 3