IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 27140 of 2004(E) ----------------------------------------- PETITIONER(S): ------------------------ NAZEEMA MOHAMMED KOYA, AGED 42 YEARS, W/O.M.A.MOHAMMED KOYA (RTD. PEON), K.S.R.T.C., 12/828, KAPPALANDIMUKKU, COCHIN-2. BY ADV. MR.P.K.IBRAHIM. RESPONDENT(S): ---------------------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. BY ADV. MR.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27140/2004 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEMO NO.PL2-151/02/EKM DTD. 23/05/2002 ISSUED BY THE DISTRICT TRANSPORT OFFICER, ERNAKULAM. P2: COPY OF THE EXPLANATION DTD. 27/02/2003 SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE RESPONDENT. P3: COPY OF THE JUDGMENT IN O.P.NO.13934/03 (H) DTD. 31/07/03 OF THIS HON'BLE COURT. P4: COPY OF THE ORDER NO.VLA 1/32438/2003 DTD. 4/11/03 ISSUED BY THE EXECUTIVE DIRECTOR (ADMINISTRATION). P5: COPY OF THE DEATH CERTIFICATE DTD. 29/03/04 ISSUED BY THE TAHSILDAR, KANAYANNOOR TALUK. P6: COPY OF THE REPRESENTATION DTD. 27/03/04 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. P7: COPY OF THE JUDGMENT IN WPC.NO.17734/04 J DTD. 16/06/04 OF THIS HON'BLE COURT. P8: COPY OF THE ORDER NO.VLA 1/31714/02 DTD. 31/07/04 ISSUED BY THE RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.27140 of 2004-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of June, 2009. JUDGMENT 1.The petitioner is the widow of one M.A.Mohammed Koya. He was an employee of KSRTC. He worked as a Peon. On 24.9.1994, he submitted an application for medical leave. He was permitted to retire on superannuation on 31.5.2002. Certain disciplinary proceedings were taken against him on account of his alleged absence from service from 24.9.1994. This Court quashed those proceedings as per Ext.P3 since the employer-employee relationship between the KSRTC and late M.K.Mohammed Koya had terminated by his superannuation on 31.5.2002. This Court accordingly directed that the period of absence between 24.9.1994 and 31.5.2002, the date of superannuation shall be regularised by KSRTC in accordance with law, though in the last paragraph of Ext.P3 judgment, it is erroneously WP(C)27140/04 -: 2 :- stated that the period of absence is from 2.4.99 (instead of 24.9.1994). In terms of that judgment, late Sri.Mohammed Koya should be deemed to have been in service till his superannuation on 31.5.2002. Therefore, he was entitled to whatever benefit would follow out of 1997 pay revision. What would be the impact of pay revision in terms of actual payables to Mohammed Koya would depend upon the manner in which the regularisation of the period of his absence in terms of Ext.P3 judgment is done. However, his entitlement to the benefit of 1997 pay revision cannot be denied. The reason stated in Ext.P8 for refusing that benefit on the ground that since he had performed his last duty only on 23.9.1994, he is not eligible for any revision and consequent benefits in the revised scale of pay of 1997, is unsustainable because, what is relevant is that the said person is deemed to have continued in employment by the force and result of Ext.P3 judgment. WP(C)27140/04 -: 3 :- 2.For the aforesaid reasons, Ext.P8 is quashed and it is declared that Sri.M.A.Mohammed Koya is entitled to the benefit of the 1997 pay revision and financial benefits following this declaration shall be paid to the widow, the petitioner. The KSRTC would also consider disbursing the retiral benefits on account of Sri.Mohammed Koya in terms of the directions of the Division Bench of this Court in W.A.No.289/2001, as directed in Ext.P3 judgment. The writ petition is allowed as above. No costs. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/220609