IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 25087 of 2006(J) -------------------------------------- PETITIONERS: -------------------- G.PRABHA KUMAR, CONDUCTOR SPECIAL GRADE, K.S.R.T.C. PEROORKKADA DEPOT, THIRUVANANTHAPURAM, RESIDING AT UTHRADOM, NRA F46, NEDUMPURAM LANE, PEROORKKADA, THIRUVANANTHAPURAM 695 573. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.P.M.BENZIR SRI.DEEPU LAL MOHAN RESPONDENTS: ----------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT PO, THIRUVANANTHAPURAM 23. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 BY GOVERNMENT PLEADER SRI.NOABLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.25087/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE MEMO NO.PL2-3616/79-NTA DT. 24.12.1979 ISSUED BY THE DISTRICT TRANSPORT OFFICER, NEYYATTINKARA TO THE PETITIONER. EXT.P2:- COPY OF THE CERTIFICATE DT. 5.4.1984 ISSEUD BY THE DISTRICT TRANSPORT OFFICER, NEYYATTINKARA TO THE PETITIONER. EXT.P3:- COPY OF THE MEMORANDUM NO.P1.3722/87/VKBN DT. 18.7.1987 TERMINATING THE SERVICE OF THE PETITIONER. EXT.P4:- COPY OF THE APPOINTMENT ORDER NO.P1-4392/87/VKBN DT. 25.8.1987 ISSUED BY THE ASSISTANT TRANSPORT OFFICER. EXT.P5:- COPY OF THE G.O.(P) NO.2357/99/FIN. DT. 25.11.1999 ISSUED BY THE GOVERNMENT. EXT.P6:- COPY OF THE MEMORANDUM OF SETTLEMENT DT. 13.4.1999 ENTERED INTO BY THE CORPORATION WITH ITS RECOGNISED TRADE UNIONS. EXT.P7:- COPY OF THE REPRESENTATION DT. 15.11.1999 SUBMITTED BY THE PETITIONER BEFORE THE SIT RESPONDENT. EXT.P8:- COPY OF THE REPRESENTATION DT. 14.8.2006 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.25087 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) To issue a Writ of Mandamus or other appropriate writ, order or direction directing the 1st respondent to count the provisional service rendered by the petitioner in the Corporation from 24.12.1979 to 20.07.1987 for the purpose of increments and disburse all monetary benefits from due dates with arrears. ii) To issue a Writ of Mandamus or other appropriate writ, order or direction declaring that the petitioner is entitled to count the provisional service rendered by the petitioner in the Corporation before 01.10.1994 for the purpose of increments, fixation of pay, pensionary benefits and other service benefits. It appears, apparently, the issue is covered in favour of the petitioner by the decisions of this Court in State of Kerala vs. Ponnamma (2005(4)KLT 987(FB)) and Idicula Abraham vs. K.S.R.T.C and others (2005(2)KLJ 602). 2. There will be a direction to the first respondent to take appropriate action in the case of the petitioner on Exhibits P7 and P8 representations, in the light of the decisions referred to above, with notice to the petitioner, within a period of three months W.P.(C) No.25087/06 2 from the date of production of a copy of this judgment along with copy of the judgments referred to above. The consequential benefits shall be disbursed to the petitioner within another one month. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.25087/06 3 KURIAN JOSEPH, J. W.P.(C) No. 25087 OF 2006 J U D G M E N T 24.09.2008