IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 1236 of 2008(V) ------------------------- PETITIONER: ----------------- R. SASIDHARAN, S/O. RAGHAVAN, RATHEESH BHAVAN, VADAKKUMTHALA P.O.,KARUNAGAPPALLY (RETIRED TYRE RETREADER, KSRTC,REGIONAL WORKSHOP, ALUVA). BY ADV. SRI.K.S.AJAYAGHOSH RESPONDENTS: ---------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE, TRANSPORT BHAVAN,THIRUVANANTHAPURAM REP. BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE, TRANSPORT BHAVAN,THIRUVANANTHAPURAM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 1236/2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE PROVIDENT FUND LEDGER ACCOUNT-CUM- CREDIT CARD FOR 1991-92 DATED 6.11.02. EXT. P2 : TRUE COPY OF THE RELIEVING ORDER NO.RW2-805/05/ALY DATED 24.5.2005 ISSUED BY WORKS MANAGER, K.S.R.T.C. REGIONAL WORKSHIP, ALUVA. EXT. P3 : TRUE COPY OF THE G.O.(P) NO.2357/9/FIN DATED 25.11.1999. EXT. P4 : TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 13.4.1999 ENTERED INTO BY THE CORPORAITION WITH ITS RECOGNIZED TRADE UNIONS. EXT. P5 : TRUE COPY OF THE JUDGMENT DATED 12.2.2007 IN W.P.(C) NO.4634/2007 BEFORE THE HON'BLE HIGH COURT. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.1236 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2008 JUDGMENT Question raised in this writ petition relates to the entitlement of the petitioner to count provisional service for pensionary benefits. I have considered this question and followed a Division Bench decision of this court in Idicula Abraham v. K.S.R.T.C. (2005(2) KLJ 602) and also a subsequent Division Bench decision, where the court took the view that having regard to the settlement persons like the petitioner are entitled to count the provisional service for pensionary benefits. 2. I heard learned counsel for the petitioner and the learned Standing Counsel. Following the said judgments, the writ petition is allowed and there will be a direction to count the provisional service rendered by the petitioner along with his regular service for granting pensionary benefits. Pension and arrears of pension consequent upon the petitioner being entitled to count his provisional service will be disbursed to the petitioner within two months from the date of receipt of a copy of this judgment by the first respondent. (K.M. JOSEPH, JUDGE) sb