IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 8887 of 2008(G) ------------------------- PETITIONER: ------------ G.SUKUMARAN ,WORK ASSISTANT (RTD) NEYYATTINKARA DEPOT, RESIDING AT GAYATHRI VIHAR RAYON PURAM P.O., KANJIRAKKAD, PERUMBAVOOR, ERNAKULAM DISRICT. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN RESPONDENTS: ------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, THIRUVANANTHAPURAM 2. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. G.P. SHRI.A.J.VARGHESE SHRI.JOHNSON P.JOHN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.8887 of 2008 ================== Dated this the 27th day of March, 2008 J U D G M E N T The petitioner is a retired employee of the KSRTC who retired on 31.3.2000. Prior to joining the Corporation the petitioner had provisional service on daily wages in the Corporation itself. The petitioner seeks reckoning of the provisional service also for the purpose of computation of his retirement benefits. He points out that, pursuant to the Division Bench decision of this court in Idicula Abraham v. K.S.R.T.C. & Others [2005 (2) KLJ 602], the KSRTC has issued Ext.P9 order, wherein it is stated thus: “Having considered all the above aspects in detail, Corporation is pleased to issue orders to count daily wage service rendered by Conductors, Drivers and Mechanical Staff appointed through Employment exchange as qualifying service for pension subject to the restrictions laid down in Clause XXIII (3) of the agreement dt.13/04/99. In view of Clause X of the agreement this order will be applicable only to those who retied from service on or after 01/02/99.” The petitioner submits that in view of the above order, the petitioner has become entitled to reckoning of his provisional service also for the purpose of computation of pensionary w.p.c.8887/08 2 benefits. 2. I have heard the learned Standing Counsel appearing for the Corporation also. 3. In view of Ext.P9 order, I am satisfied that the petitioner is entitled to have his provisional service also computed for the purpose of deciding the retirement benefits due to the petitioner. Accordingly, I direct the 1st respondent to recompute the petitioner's retirement benefits taking into account his provisional service also. Orders in this regard shall be issued within a period of one month from the date of receipt of a copy of this judgment. Arrears shall be disbursed in accordance with the priority of the date of retirement as per the scheme framed by this court. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.8887/08 3