IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33494 of 2011(J) ------------------------------------ PETITIONER : ------------------- M.P.MATHEW, AGED 67 YEARS, S/O.PATHROSE, MANAPPILLY HOUSE, KUREECKAD P.O., THIRUVANKULAM, ERNAKULAM DISTRICT, PIN 682 305. (DRIVER KSRTC-RETIRED ON 31.5.1999 FROM ERNAKULAM) BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENTS : ----------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 023. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 023. 3. THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 023. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM - 682 011. R1 TO R4 BY SRI.BABU JOSEPH KURUVATHAZHA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM -2- WP(C).No. 33494 of 2011(J) APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. P2 : COPY OF THE SERVICE CERTIFICATE ISSUED BY THE COMMISSIONER OF POLICE, ERNAKULAM CITY DATED 23.7.1974. P3 : COPY OF THE PAGE NOS.1 TO 3 OF THE PETITIONER'S PESNION BOOK. P4 : COPY OF PAGE NO.7 OF THE 1997 PAY REVISION AGREEMENT. P5 : COPY OF REPRESENTATION DATED 10.11.2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE RKM HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.33494 OF 2011 ------------------------------- DATED THIS THE 15TH DAY OF DECEMBER, 2011 JUDGMENT Heard the learned counsel for the petitioner and the learned Standing Counsel for the KSRTC. 2. Writ Petition is filed for a direction commanding the respondents to re-assess the qualifying service of pension reckoning the service of the petitioner in the Kerala State Police Service with all consequential benefits including balance DCRG, CVP and revised monthly pension with arrears. 3. Petitioner retired as Driver on 31/5/1999 from the service of the KSRTC. Before joining the service of the KSRTC the petitioner worked as driver from 25/9/1971 in the Kerala Police Department. Petitioner submits that his qualifying service from 25/9/1971 to 31/5/1999 has to be reckoned as qualifying service for the pension. Petitioner submits that as per the pension records his qualifying service for pension is 22 years. Petitioner submitted Ext.P5 -2- W.P.(C).No.33494/2011 representation dated 10/11/2011 before the lst respondent requesting to reckon his previous service under the State Government. 4. When the matter is taken up for consideration at the admission stage today, the learned counsel for the petitioner submits that Ext.P5 representation is pending consideration before the lst respondent and requests this Court to direct the lst respondent to consider and pass appropriate orders on Ext.P5 within a time frame. In the circumstances, this writ petition is disposed of directing the lst respondent to consider Ext.P5 representation and pass appropriate orders thereon, after affording an opportunity of being heard to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. Petitioner shall produce copy of this judgment along with copy of the writ petition before the lst respondent for further action. -3- W.P.(C).No.33494/2011 HARUN-UL-RASHID, JUDGE. kcv.