IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 15071 of 2008(T) -------------------------- PETITIONER: ------------ E. ABOOBACKER (DRIVER, KSRTC, PONNANI DEPOT, RTD.ON 31-03-2002),PUTHALATHU HOUSE PARAMBIL P.O., MARYKUNNU (VIA), KOZHIKODE. BY ADV. SRI.K.P.RAJEEVAN RESPONDENTS: ------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. ASSISTANT TRANSPORT OFFICER, KSRTC, PONNANI DEPOT. BY SRI. JOHNSON P. JOHN, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15071 of 2008(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: MEMORANDUM DTD. 28.5.1979 ISSUED BY THE ASSISTANT TRANSPORT OFFICER, SULTAN BATTERY. EXT.P2: MEMO DTD. 6.6.1988 ISSUED BY THE ASSISTANT TRANSPORT OFFICER PONNANI DEPOT. EXT.P3: PAGE NOS. 1ST AND 19 OF MEMORANDUM DTD. 7.3.2001 ISSUED BY R1. RESPONDENT'S EXHIBITS: NIL. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 15071 OF 2008 T ```````````````````````````````````````````````````` Dated this the 28th day of July, 2008 J U D G M E N T Petitioner entered in service as Reserve Driver on 10.1.1977. Thereafter, he was appointed as 2nd Grade Driver on 28.5.1979. His probation was declared on 5.2.1982. He was promoted as First Grade Driver on 10.6.1987. While working at Ponnani depot, the petitioner was granted Leave Without Allowance for five years i.e., 7.6.1988 to 6.6.1993. The said leave was extended for a further period of five years from 7.6.1993 to 6.6.1998. According to the petitioner, eventhough he had to join duty on 7.6.1998, he applied for extension of leave. This is denied as evident from the averments in paragraph 7 of the counter affidavit which is extracted as follows: “ 7. The averment in paragraph 3 that petitioner submitted an application for extension of leave after 07/06/1998 is false. There is no material to show that his period of leave is extended beyond 07/06/1998. The averment that the 2nd respondent informed that his period of leave is extended is also false. Petitioner has not approached any authority WPC.15071/08 : 2 : concerned for sanctioning pensionary benefits. The averments in paragraph 3 of the writ petition are false and misconceived. The averment that petitioner submitted an application for extension of the leave as mentioned above is thoroughly misleading. The initial grant of leave and extension was for a period of 5 years. The remaining period in the service of petitioner since 07/06/1998 is only 4 years and 9 months. Ext.P3 dtd. 07/03/01 stating that serial No.11 E.Aboobacker on LWA from 07/06/1993 to 06/06/1998 has not reported for duty till date is not disputed till this date. Petitioner also did not challenge the said proceedings though it is stated in the writ petition that petitioner when approached the authorities concerned for sanctioning his pensionary benefits was informed that petitioner's leave application with effect from 07/06/1998 is not sanctioned and that period is recorded as unauthorized absence in the list of employees due to retire from service of the Corporation during the financial year 2001-02.” The complaint of the petitioner is that the petitioner has not paid pensionary benefits as Provident Fund, Staff Welfare Fund, DCRG, Commuted Value of Pension, etc. 2. I heard learned counsel for the petitioner and learned standing counsel. Learned counsel for the petitioner would submit WPC.15071/08 : 3 : that this is a case whereupon the expiry of the period for which the petitioner is granted extension, the petitioner has applied for a further extension. He would submit that he must be treated as retired on superannuation for the reason that while it may have been open to the respondent to take action against him if he had not joined duty and not given the application, the fact is that no action is taken. According to the petitioner, he has 11 years 4 months and 28 days of service. Having heard the parties, the writ petition is disposed of as follows. There will be a direction to the 1st respondent to consider and take a decision in the case of the petitioner in accordance with law regarding the pensionary benefits payable to him within one month from the date of receipt of a copy of this judgment. I make the interim order regarding payment of Provident Fund and Staff Welfare Fund absolute. The amount which is payable to the petitioner as per the decision will be paid to the petitioner within two months from the date of the decision taken. Sd/- (K.M.JOSEPH, JUDGE) aks