IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 25997 of 2005(T) -------------------------------------- PETITIONER: ------------------- P.T. RAMAKRISHNAN, SPECIAL ASSISTANT, KERALA STATE ROAD TRANSPORT CORPORATION, PAYYANNUR, KANNUR DISTRICT. BY ADV. MR.M.V.AMARESAN RESPONDENTS: ------------------------ 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PAYYANNUR. *ADDL.R3. THE REGISTRAR, CENTRE FOR DEVELOPMENT OF IMAGING TECHNOLOGY, (C- DIT), CHITRANJALI STUDIO COMPLEX, THIRUVALLAM.P.O., THIRUVANANTHAPURAM. *IS IMPLEADED AS PER ORDER DATED 22/08/06 IN I.A. NO. 11804/2006 IN W.P.(C).NO.25997/05. R1 & R2 BY MR.JOHNSON P.JOHN, SC, KSRTC, ADDL.R3 BY MR.C.S.AJITH PRAKASH, SC, C-DIT, MR.K.HARILAL, MR.K.PRABHAKARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25997/2005-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT IN W.P.(C).NO.16745/05 OF HONOURABLE HIGH COURT. EXT.P.2: COPY OF THE MEMORANDUM ISSUED BY THE R.1. TO PETITIONER DTD. 05/07/2005. EXT.P.3: COPY OF THE RELIEVING ORDER DTD. 25/09/2001. EXT.P.3.A: COPY OF THE POSTAL COVER OF RELIEVING ORDER. EXT.P.4: COPY OF THE PETITION DTD. 03/10/2001. EXT.P.5: COPY OF THE REQUEST DTD. 20/02/2001 SUBMITTED BEFORE R.2. EXT.P.6: COPY OF THE MEMO ISSUED BY R.2. BEARING REF. NO. E2.1153/2001/PNR DTD. 17/01/2002. EXT.P.6.A: COPY OF THE POSTAL COVER OF EXHIBIT P.6. EXT.P.7: COPY OF THE UNDERTAKING GIVEN BY C-DIT DTD. 16/08/99. EXT.P.8: COPY OF THE PLAINT IN O.S. 22/05 DTD. 25/02/2005 FILED BY THE PETITIONER. EXT.P.9: COPY OF THE PLAINT FILED BY THE PETITIONER BEFORE MUNSIFF COURT, PAYYANNUR IN O.S. 94/06 DTD. 21/06/06. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ----------------------------- W.P(C)NO.25997 OF 2005 -------------------------- Dated this the 3rd day of July 2009 ------------------------------------- JUDGMENT Petitioner while working with K.S.R.T.C was deputed to C-DIT. He was repatriated on 31/08/2001 and was relieved from C-DIT on 04/09/2001. He reported to the K.S.R.T.C office at Payyannur on 08/10/2001. On the premise that the petitioner had overstayed for over a month after being relieved from C-DIT and that neither C-DIT nor the petitioner had remitted the leave salary or pension contribution due to K.S.R.T.C as per rules, he was not admitted to duty. Ultimately, K.S.R.T.C wanted the petitioner to furnish written undertaking regarding the remittance of leave salary and pension contribution. On the ground that he gave such an undertaking only on W.P(C)No.25997/2005 2 04/02/2002, the impugned order is issued treating the period from 04/09/2001 to 03/02/2002 as eligible leave without treating it as duty on any count. In terms of Part I of KSR, when a Government servant, on return from leave, training, foreign service has to wait for orders of posting, the interval between the date of reporting and the date of assumption of charge of duties is to be treated as duty, provided, the interval between the date of receipt of orders and the assumption of duties was not in any case beyond the joining time as admissible. During such period of duty, the incumbent will be entitled to pay according to Rule 26. On the facts of the case in hand there was no reason to keep the petitioner away from the date of his reporting to duty till he was permitted to discharge his duties after giving the undertaking regarding the remittance of leave salary and pension contribution. Those are matters which W.P(C)No.25997/2005 3 could not have been made as conditions for joining duty. Therefore, Ext.P2, to that extent, is illegal. The same is accordingly quashed and it is directed that the period of absence from 04/09/2001 to 04/02/2002 be treated as duty and the benefits in that regard would be re-fixed and released to the petitioner within three weeks. Accordingly, the writ petition is allowed as above. Sd/- THOTTATHIL B.RADHAKRISHNAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv