IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 18749 of 2007(F) -------------------------- PETITIONER(S): --------------- K.T.SUKUMARAN, S/O. LATE V.KESAVAN, AGED 58 YEARS, SPECIAL ASSISTANT (RETD.), OFFICE OF THE TRANSPORT OFFICER, KILIMANOOR, RESIDING AT 'SUCHANTHU', T.C.3/634, NEAR MARAKKAL INSTITUTE, T.K.DIVAKARAN ROAD, MUTTADA P.O., THIRUVANANTHAPURAM-695 025. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRIVANDRUM. 2. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TRANSPORT (A) DEPARTMENT, TRIVANDRUM. R1 BY ADV. SRI.K.PRABHAKARAN, SC R2, R3 BY GOVT. PLEADER SRI.V.MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.18749/07 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE ORDER NO.4304/63/DD DATED 4.12.1963 ISSUED BY THE DIRECTOR OF DAIRY DEVELOPMENT, TRIVANDRUM. EXT.P2: TRUE COPY OF THE ORDER NO.PR(A)1-16800/66 DATED 23.8.66 ISSUED BY THE DIRECTOR OF PUBLIC RELATIONS DEPARTMENT, TRIVANDRUM. EXT.P3: TRUE COPY OF THE LETTER NO.6350/A1/70/PR DATED 10.3.1970 ISSUED BY THE DIRECTOR OF PUBLIC RELATIONS DEPARTMENT, TRIVANDRUM. EXT.P4: TRUE COPY OF THE MEMORANDUM NO.PLC1-58387/73 DATED 20.11.73 ISSUED BY THE GENERAL MANAGER OF THE 1ST RESPONDENT EXT.P5: TRUE COPY OF THE LETTER NO.28770/A1/73/PR DATED 1.12.1973 ISSUED BY THE DIRECTOR OF PUBLIC RELATIONS (A) DEPARTMENT, TRIVANDRUM. EXT.P6: TRUE COPY OF THE MEMORANDUM NO.E8-10287/73/CW DATED 5.12.1973 ISSUED BY THE OFFICE OF THE WORKS MANAGER, CENTRAL WORKS. EXT.P7: TRUE COPY OF THE ORDER NO.PF 29/VETY I/CL/78-79/30 DATED 1.6.1978 ISSUED BY THE ACCOUNTANT GENERAL, TRIVANDRUM. EXT.P8: TRUE COPY OF THE RELEVANT PORTION OF G.O.(P)NO.893/78/FIN. DATED 30.12.1978 OF THE FINANCE ( PENSION) DEPARTMENT. EXT.P9:TRUE COPY OF THE ORDER NO.G.O.(P)NO.361/89/FIN. DATED 10.8.1989 OF THE FINANCE (PENSION) DEPARTMENT. EXT.P10: TRUE COPY OF THE ORDER NO.PLB5-30232/84 DATED 5.5.1984 OF THE KERALA STATE ROAD TRANSPORT CORPORATION. EXT.P11: TRUE COPY OF THE ORDER NO.G.O.(P)NO.383/89/FIN. DATED 19.8.89 OF THE DEPARTMENT OF FINANCE (PENSION-B). EXT.P12: TRUE COPY OF THE ORDER NO.PLA 10.63726/89/K DIS. DATED 20.2.1991 OF THE PERSONNEL(A) SECTION. WPC.18749/07 EXT.P13: TRUE COPY OF THE REPRESENTATION DATED 25.3.1997 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P14: TRUE COPY OF THE LETTER NO.23652/PWC-A2/97/FIN. DATED 11.12.1997 ISSUED BY THE FINANCE DEPARTMENT, TRIVANDRUM TO THE PETITIONER. EXT.P15: TRUE COPY OF THE REPRESENTATION DATED 21.10.1997 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN, PETITION COMMITTEE, LEGISLATURE SECRETARIAT, TRIVANDRUM. EXT.P16: TRUE COPY OF THE LETTER NO.40737/A3/97/TRAN. DATED 23.2.2000 ISSUED BY R1. EXT.P17: TRUE COPY OF THE AGREEMENT OF KERALA STATE ROAD TRANSPORT CORPORATION (RELEVANT PORTION). EXT.P18: TRUE COPY OF THE STATEMENT OF PAY FIXATION NO.PRC-19546/90 DATED 8.4.1991. EXT.P19: TRUE COPY OF THE JUDGMENT IN O.P.NO.12454/00 DATED 27.2.2006 OF THS HON'BLE COURT. EXT.P2O: TRUE COPY OF THE JUDGMENT IN W.A.NO.1149/06 OF THIS HON'BLE COURT. EXT.P21: TRUE COPY OF THE ORDER NO.PA.15.040051/97 DATED 10.1.2007 ISSUED BY R1. EXT.P22: TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 22.4.1999 (RELEVANT PORTION). /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.18749 OF 2007 ------------------------------------------- Dated this the 24th day of August, 2009 JUDGMENT 1.The petitioner retired from the service of the Kerala State Road Transport Corporation, after entering that service on 5.12.1973, before which, he had an earlier spell of service in the State Government, from 7.12.1963 to 4.12.1973. His past service with the Public Relations Department was reckoned for the purpose of granting appropriate weightage. The EPF amount credited was also transferred to the KSRTC. The question arose as to whether the petitioner was entitled to counting of the past service in the Public Relations Department for the determination of his pension. This Court relegated the petitioner to the KSRTC for consideration of the issue. Though Ext.P19 judgment was challenged, the Division Bench also directed further consideration of an issue referable to the existence of a term of a settlement/agreement between the trade unions and the KSRTC. WPC.18749/07 Page numbers 2.In terms of the relevant provision, the past service in the Public Relations Department was available for being tagged along and counted for the purpose of determining the total length of service in KSRTC, applying the relevant provision of the service rules as adopted by the KSRTC. The fact of the matter remains that such counting of past service was done in relation to the fixation of the pay. Appropriate weightage was given in that regard. The GPF contribution also stood transferred. However, the impugned Ext.P21 stands issued on the ground that the provision in the agreement between the trade unions and KSRTC does not apply to the case of the petitioner since the petitioner demitted service before the agreement. That argument does not lie at all because the agreement referred to is only an agreement to treat prior service also as qualifying service even if there is break between the Government service and the KSRTC Service, not exceeding three months. That does not make any impact on the case of the petitioner who did not lose even a day in WPC.18749/07 Page numbers between the service in the PRD and the service in the KSRTC. For the aforesaid reasons, this writ petition is entitled to succeed. In the result, this writ petition is allowed quashing Ext.P21 and directing that the petitioner's past service in the Public Relations Department shall also be reckoned as part of his service for the purpose of determining his pension. It is also directed that the arrears shall be released within a period of three months. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/8.