IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 2596 of 2009(H) ------------------------- PETITIONER(S): --------------- 1. M.RAJAGOPALAN NAIR,(DRIVER,KSRTC, TVM CITY,RTD.ON 31.05.2007),THIRUVONAM,CHITTAZHA, VATTAPPARA.P.O,THIRUVANANTHAPURAM. 2. N.ANANTHA KRISHNAN,(DRIVER,KSRTC, NEYYATTINKARA,RTD ON.31012006),THACHORAKAL VEEDU, AYIRA.P.O,PARASSALA,THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. BY ADV.SRI.JOHNSON P.JOHN, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.2596/09 PETITIONER'S EXHIBITS: EXT.P1: A TRUE COPY OF FREE PASS ISSUED TO THE PETITIONER. EXT.P2: A TRUE COPY OF RELIEVING ORDER DATED 30.1.06 ISSUED TO THE 2ND PETITIONER. EXT.P3: THE 1ST PETITIONER HAD FILED REPRESENTATION BEFORE THE RESPONDENT ON 2.7.2007 FOR GETTING HIS PENSIONARY BENEFITS. EXT.P4: THE 2ND PETITIONER HAD FILED REPRESENTATION BEFORE THE RESPONDENT ON 9.4.2007 FOR GETTING HIS PENSIONARY BENEFITS. EXT.P5: A TRUE COPY OF JUDGMENT REPORTED IN 2005(2) KLJ 602. EXT.P6: A TRUE COPY OF MEMORANDUM NO.PA17/19793/07 DATED 22.1.2008. EXT.P7: A TRUE COPY OF MEMORANDUM NO.PA20/011741/07 DATED 23.1.2008. EXT.P8: A TRUE COPY OF ORDER NO.LRB03330/97 DATED 27.1.2007. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.2596 OF 2009 ------------------------------------------- Dated this the 27th day of July, 2009 JUDGMENT 1.Petitioners seek that their daily rated service and provisional service before they were regularised should also be counted as qualifying service for determining the pension payable to them. The petitioners have made representations in that regard before the Managing Director. Those representations were disposed of adverse to the interest of the petitioners as per the impugned Exts.P6 and P7 orders. 2.The case of the petitioners for counting their provisional service is squarely covered in their favour by judgment of this Court in Idicula Abraham v. K.S.R.T.C. & Others [2005(2) KLJ 602], wherein, relying on the terms of the settlement, this Court has categorically held that persons similar to the petitioners therein are entitled to the benefit of such counting of provisional service also, for the purpose of reckoning the length of the qualifying service, to determine the pension WPC.2596/09 Page numbers payable to them. Under such circumstances, this writ petition is allowed quashing the impugned orders and directing that the provisional service of the petitioners shall also be counted and retiral benefits shall be released accordingly. All retiral benefits other than D.C.R.G. shall be released within a period of two months and the question of release of D.C.R.G. will stand regulated by the direction of the Division Bench, for priority, subject to the right of the individual petitioners to seek orders for out of turn payment, in the event of such need arising in terms of those directions. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.28/7.