IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 26795 of 2008(M) -------------------------- PETITIONER(S): --------------- FRANCIS, S/O.LASER AGED 56 YEARS, DRIVER (RETD) KSRTC,ADOOR AND RESIDING AT CHERIPARAMBIL HOUSE,CHAYALODAM P.O. EZHAMKULAM, ADOOR. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR 2. THE ASSISTANT TRANSPORT OFFICER,KSRTC ADOOR. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 26795 OF 2008 ............................................ DATED THIS THE 16th DAY OF JULY, 2009 JUDGMENT The petitioner seeks a declaration that he is entitled to have his qualifying service for pension determined with reference to Ext.P1 which discloses his pensionable service. He relies on a couple of judgment of this court to contend that provisional service is also reckonable for the purpose of determining the qualifying service for pension. Accordingly, it is directed that the first respondent will take up Ext.P6 representation and take a decision thereon, in accordance with law, after affording the petitioner an opportunity of hearing. Let this be done within a period of three months from the date of receipt of a copy of this judgment. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/17/7