IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 30492 of 2011(J) --------------------------------------- PETITIONER(S): ------------------------ S.JITHENDRIYAN ,U.D.CLERK, DIRECTORATE OF COIR DEVELOPMENT, INDUSTRIES & COMMERCE DEPARTMENT, COIR BHAVAN, NANDAVANAM,THIRUVANANTHAPURAM. BY ADV. SMT.SREEDEVI KYLASANATH SMT.SHALEENA RAJAN SRI.ACHUTH KYLAS RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.PIN- 695 001. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN,THIRUVANANTHAPURAM.PIN- 695 001. 3. THE DIRECTOR OF COIR DEVELOPMENT, DIRECTORATE OF COIR DEVELOPMENT, COIR BHAVAN, NANDAVANAM,THIRUVANANTHAPURAM.PIN- 695 033 4. THE KERALA STATE ROAD TRANSPORT COPORATION,REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, THIRUVANANTHAPURAM.PIN- 695 001. R1 TO R3 BY SR GOVERNMENT PLEADER SRI.LIJU STEPHEN R4 BY ADV.SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30492/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY PETITIONER'S REPRESENTATION DT.21.7.2011 FOR RECKONING HIS PRIOR SERVICE IN KSRTC FOR PENSION. EXT.P1(A) TRUE COPY OF THE LETTER DT.16.10.2008 OF 2ND RESPONDENT TO IST RESPONDENT. EXT.P1(B) TRUE COPY OF FORWARDING LETTER DT.31.7.2011 OF 3RD RESPONDENT TO IST RESPONDENT. EXT.P1(C) TRUE COPY OF PETITIONER'S REPRESENTATION DT.15.8.2011 ADDRESSED TO THE HON'BLE MEMBER OF PARLIAMENT. EXT.P1(D) TRUE COPY OF THE FORWARDING LETTER DT.3.9.2011 OF THE HON'BLE MEMBER OF PARLIAMENT. EXT.P2 TRUE COPY OF THE GO. (MS) NO.130/2011 RD DT.28.2.2011 EXT,P2(A) TRUE COPY OF OFFICE NOTES OF EXT.P2 GOVERNMENT ORDER WHICH PETITIONER RECEIVED UNDER RIGHT TO INFORMATION ACT. EXT.P2(B) TRUE COPY OF LETTER DT.26.11.2010 OF 4TH RESPONDENT,MANAGING DIRECTOR, KSRTC, TO GOVERNMENT TO CONSIDER FAVOURABLY THE REQUEST OF SRI.A.C.MATHEW TO COUNT PREVIOUS SERVICE IN KSRTC ALONG WITH THE SERVICE IN REVENUE DEPARTMENT. EXT.P3 TRUE COPY OF GO (RT) 1453/99/GAD DT.11.1.1999 RECKONING THE SERVICE RENDERED BY SRI.R.B.SREEKUAMRAN NAIR IN KSRTC FOR PENSION. EXT.P3(A) TRUE COPY OF GO (RT). NO.9548/2000/ GRD DT.4.12.2000. EXT.P4 TRUE COPY OF THE JUDGMENT DT.26.8.2008 IN WP(C).17808/2007 EXT.P5 TRUE COPY OF GO (P) 383/89 FIN DT.29.8.1989. EXT.P6 TRUE COPY OF GO (P) 703/02/ FIN DT.12.11.2002. EXT.P7 TRUE COPY OF GO (P) 228/2001/FIN DT.2.2.2001. EXT.P8 TRUE COPY OF THE GO (P) NO.188/2008 FIN DT.25.4.2008. EXT.P9 TRUE COPY OF THE LETTER DT.16.11.2007 OF 4TH RESPONDENT TO 2ND RESPONDENT. EXT.P9(a) TRUE COPY OF LETTER DT.13.8.2009 OF 4TH RESPONDENT TO 2ND RESPONDENT. EXT.P10 TRUE COPY OF THE PETITIONER'S FORWARDING LETTER DT.27.12.2010 TO CHAIRMAN & MANAGING DIRECTOR, KSRTC. EXT.P10(A) TRUE COPY OF PETITIONER'S APPLICATION FOR RESIGNATION FROM KSRTC. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ sts P.S.TO.JUDGE K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 30492 OF 2011 ----------------------------------------------------------- Dated this the 16th November, 2011. JUDGMENT The petitioner is working as an Upper Division Clerk in the Directorate of Coir Development under the first respondent. He was appointed as a Lower Division Clerk on the advice of the Kerala Public Service Commission on 3-2-2001. Prior to such appointment, he had worked as a conductor 1st grade in the service of the fourth respondent. He had worked under the fourth respondent from 11-6-1990 to 2-2-2001, for a period of 11 years. He is due to retire on attaining superannuation on 31-3-2012. 2. According to the petitioner, he is entitled to the benefit of the service that he has put in as a conductor 1st grade under the fourth respondent. He had made representations to the respondents for counting his prior service under the fourth respondent also for the purpose of calculating his pensionary benefits. However, he complains that no orders have been passed thereon till date. 3. The counsel for the petitioner points out that as per Exts.P2, P3 and P3(a) proceedings, in the case of other similarly WPC 30492/2011 2 situated persons prior service has been counted. Reliance is also placed on Ext.P4 judgment of this Court which also relates to an employee in similar circumstances. The counsel for the petitioner therefore seeks issue of appropriate directions for the consideration of Ext.P1. 4. I have heard Adv. Babu Joseph Kuruvathazha, standing counsel for the fourth respondent. 5. Since Ext.P1 is pending consideration of the first respondent, I am of the view that this writ petition can be disposed of directing consideration of the petitioner's grievance by the said authority. 6. This writ petition is accordingly disposed of directing the first respondent to consider the representation of the petitioner evidenced herein by Ext.P1 in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 30492/2011 3