IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WA.No. 561 of 2007 --------------------- AGAINST THE JUDGEMENT IN WPC.29474/2006 Dated 09/11/2006 .................... APPELLANT: 1ST RESPONDENT ----------------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC RESPONDENT(S): PETITIONERS & 2ND RESPONDENT -------------------------------------------- 1. V.MANIKANTAN NAIR, GARAGE MAZDOOR GRADE-II (RTD.), CENTRAL WORKS, PAPPANAMCODE, RESIDING AT NADUVATHUMELE PUTHEN VEEDU, KARAKKAMANDAPAM, NEMOM P.O., THIRUVANANTHAPURAM. 2. P.KRISHNAN NAIR, GARAGE MAZDOOR GRADE-II (RTD.), CENTRAL WORKS, PAPPANAMCODE, RESIDING AT KRISHNABHAVAN, MANNAYAM, PULIYARAKONAM P.O., THIRUVANANTHAPURAM. 3. G.APPUKUTTAN NAIR, GARAGE MAZDOOR GRADE-II (RTD.), CENTRAL WORKS, PAPPANAMCODE, RESIDING AT GOPA SADANAM, OORUTTAMBALAM P.O., THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.MURALI PURUSHOTHAMAN FOR R1-3 SENIOR GOVT. PLEADER SRI.BENNY GERVASIS FOR R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.561/2007 ------------------------------ Dated this, the 23rd day of February, 2010 JUDGMENT Balakrishnan Nair, J. The learned Single Judge directed to count the provisional service rendered by respondents 1 to 3, who were the petitioners in the Writ Petition, also for pensionary benefits, relying on the Division Bench judgment of this Court in Idicula Abraham v. K.S.R.T.C. and others [2005(2) KLJ 602]. The said judgment has since been overruled by the Full Bench of this Court in District Transport 0fficer v. Kunchan [2009(3) KLT 954(FB)]. In view of the above position, the contention raised by the appellant, Kerala State Road Transport Corporation has to be upheld. Accordingly, the Writ Appeal is allowed. The judgment of the learned Single Judge is reversed and the Writ Petition is dismissed. If respondents 1 to 3 are eligible for ex gratia pension, as they do not have 10 years' regular service, they may move the K.S.R.T.C. In that event, WA No.561/2007 - 2 - the Corporation will consider their claim without delay. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.