IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 31464 of 2006(U) ---------------------------------------- PETITIONER(S): ----------------------- 1. AMBIKA KUMARI, AGED 53, D/O. BHAGAVATHI KUTTY AMMA, PRIYADARSINI, PERUMPAZHUTHOOR P.O., VANDANNOOR, PAPPACODE. 2. PRIYANKA M. NAIR, D/O.AMBIKA KUMARI, PRIYADARSINI, PERUMPAZHUTHOOR P.O., VANDANNOOR, PAPPACODE. 3. DARSANA M.NAIR, D/O.AMBIKA KUMARI, PRIYADARSINI, PERUMPAZHUTHOOR P.O., VANDANNOOR, PAPPACODE. BY ADV. SRI.R.T.PRADEEP, SRI.V.VIJULAL. RESPONDENT(S): -------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, K.S.R.T.C., OFFICE OF K.S.R.T.C., EAST FORT, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. , SRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC. R3 BY GOVT. PLEADER SMT.K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31464/2006-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE OF DEATH DATED 15/03/2001 OF MANIKANTAN NAIR S. EXT.P2: COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 13/03/2002 ISSUED BY TAHSILDAR, NEYYATTINKARA. EXT.P3: COPY OF THE DUTY PASS VALID UPTO 31/12/2001 OF DECEASED S. MANIKANDAN NAIR. EXT.P4: COPY OF THE CERTIFICATE DATED 01/07/1989 REGARDING THE TENURE OF 1ST PETITIONER'S HUSBAND FOR THE PERIOD FROM 25/05/1979 TO 20/07/1987. EXT.P5: COPY OF THE MEMORANDUM DATED 30/08/1990 BY WHICH 1ST PETITIONER'S HUSBAND WAS RE-APPOINTED WITH EFFECT FROM 30/08/1990. EXT.P6: COPY OF THE ORDER G.O.(MS)NO.9/2001/TRAN, THIRUVANANTHAPURAM DATED 05/03/2001. EXT.P7: COPY OF THE APPLICATION DATED 08/11/2006 SUBMITTED BY 2ND PETITIONER. EXT.P8: COPY OF THE REPRESENTATION OF PETITIONERS DATED 13/11/2006 BEFORE RESPONDENT NO.2. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31464/2006-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of June, 2010 J U D G M E N T The petitioners are the widow and two daughters of deceased Manikantan Nair. He died on 18/02/2001 while working as a Conductor at Poovar Depot of K.S.R.T.C. Ext.P3 is the copy of the duty pass valid upto 31/12/2001. He was recruited to K.S.R.T.C as provisional conductor through the Employment Exchange. He joined duty on 22/05/1979 and worked till 22/12/1979 in Thiruvananthapuram City Depot of K.S.R.T.C. Thereafter, he was re-inducted by K.S.R.T.C and worked from 31/05/1983 to 20/07/1987. This is borne out from Ext.P4 certificate. It is averred in the writ petition that the deceased was reinstated as provisional Conductor with effect from 30/05/1990 and was appointed in the said post at Poovar Depot of K.S.R.T.C with effect from 30/08/1990. He continued there without any break in service till his death. Ext.P5 is the proceedings regarding his re-engagement. 2. The scheme for regularisation of such employees submitted by the K.S.R.T.C was approved by the Government as per Ext.P6. It is the case of the petitioners that the same applies to the deceased Manikantan Nair, but his name was arbitrarily deleted by the K.S.R.T.C. The petitioners W.P.(C). No.31464/2006 -:2:- are seeking various reliefs including pension, employment assistance under the compassionate employment scheme etc.. 3. The Corporation has file a counter affidavit. It is averred in paragraph (3) that the deceased was recruited as provisional daily wages conductor through Employment Exchange during 1978-80 and he expired on 18/02/2001 while working at Poovar Unit. It is mentioned in paragraph (7) that the Government ordered to regularise such employees recruited through Employment Exchange during 1978-80 and were continuing with short breaks at various occasions with effect from the date of order dated 05/03/2001. Even though it is mentioned in paragraph (8) of the counter affidavit that the first petitioner's husband did not fulfil the criteria for regularisation, the real reason is not explained in the counter affidavit. 4. The learned counsel for the petitioners submitted that the deceased was similarly situated to 699 provisional appointees who were regularised. It is pointed out that all the parameters are satisfied in his case as he was recruited through the Employment Exchange during 1978-80 and such persons were regularised going by Ext.P6. The disengagement intermittently is not a material factor as far as the claim for regularisation is concerned. 5. Going by Ext.P6, the benefit of regularisation is conferred upon persons who were continuing as on the date W.P.(C). No.31464/2006 -:3:- of the order. The case of the deceased Manikantan Nair, even though is similar to that of the persons who are regularised, he could not get the benefit because of his premature death. Therefore, this is a matter for consideration by the Government in the light of the order now passed in Ext.P6. Therefore, the claim of the deceased Manikantan Nair will be examined by the third respondent Government with notice to the petitioners and the Corporation. The petitioners will produce all the materials including service particulars of the deceased before the third respondent along with a representation within a period of one month and along with a copy of this Judgment. It is pointed out that similarly placed persons as that of the deceased were granted benefits including pension, based on their regularisation from the date of initial appointment. This aspect will also be examined by the Government while passing orders. Appropriate orders will be passed within a period of three months thereafter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms