IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 12TH NOVEMBER 2007 / 21ST KARTHIKA 1929 WP(C).No. 29665 of 2007(F) -------------------------- PETITIONER: ------------ D. VISWANANTHAN NAIR DRIVEER GRADE-11 (RTD), PEROORKADA DEPOT, RESIDING AT VINOD BHAVAN, IRAPPAKUZHI, KODAPPANAKUNNU P.O,THIRUVANANTHAPURAM. BY ADV. SRI.MURALI PURUSHOTHAMAN RESPONDENTS: ------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANANGING DIRECTOR TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. BY SRI. JOHNSON P. JOHN FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ------------------- W.P.(C). 29665/2007 -------------------- Dated this the 12th day of November, 2007 JUDGMENT The petitioner, who had worked as a Reserve Driver in KSRTC on provisional basis from 1980 till 1989, was regularised as per Ext.P3. It is the allegation of the petitioner that he is entitled to the pensionery benefits by counting the provisional service rendered by him along with regular service. Alternatively, he also claims that he is entitled to ex-gratia pension in terms of Ext.P12 order of KSRTC. However, the KSRTC is prepared to take a decision on any claim for ex-gratia pension, but states that the petitioner's application is not yet received. 2. In the above circumstances, without expressing anything on merits, this writ petition is disposed of directing that if the petitioner's application for ex-gratia pension in terms of Ext.P12 is received, the same shall be taken up, considered and disposed of in accordance with law within a period of three months from the date of W.P.(C).29665/2007 2 receipt of a copy of this judgment, or such representation whichever is later. All other questions are left open. THOTTATHIL B. RADHAKRISHNAN Judge mrcs