IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 6536 of 2007(C) -------------------------------------- PETITIONER(S): ------------------------ E.T.VARGHESE, MOTOR VEHICLES INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, KOTHAMANGALAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, TRIVANDRUM. R1 & R2 BY GOVERNMENT PLEADER SRI.RAJESH VIJAYAN R3 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.6536/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 17/5/1990 OF THE 2ND RESPONDENT. P2 COPY OF THE ORDER DATED 01/6/1990 OF THE DISTRICT TRANSPORT OFFICER, ALAPPUZHA. P3 COPY OF THE ORDER DATED 4/12/2000 OF THE FIRST RESPONDENT. P4 COPY OF THE REPRESENTATION DATED 11/10/2005 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. P5 COPY OF THE ORDER DATED 25/5/2006 OF THE FIRST RESPONDENT. P6 COPY OF THE ORDER DATED 2/2/2001 OF THE FIRST RESPONDENT. P7 COPY OF THE JUDGMENT DATED 13/8/2002 IN O.P.NO.10540 OF 1998 OF THIS HON'BLE COURT. P8 COPY OF THE JUDGMENT DATED 15/3/1996 IN O.P.NO.8259/1991 OF THIS HON'BLE COURT. P9 COPY OF THE JUDGMENT DATED 25/1/1999 IN W.A.NO.1422/1996 OF THIS HON'BLE COURT. P10 COPY OF THE ORDER G.O. DATED 6/3/2000 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.6536 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2011 J U D G M E N T The petitioner was originally appointed as a Charge man (Trainee) in the Kerala State Road Transport Corporation on 22.06.1979. Thereafter, he was promoted as Assistant Depot Engineer. While he was working so, he was advised by the Kerala Public Service Commission for appointment as Assistant Motor Vehicles Inspector in the service of the Government of Kerala, by order dated 17.5.1990. The petitioner's grievance in this writ petition is that, the petitioner's request for reckoning the service in the K.S.R.T.C for the purpose of computing qualifying service for pension in Government service has been rejected by Ext.P5 order on the ground that there are no rules/Government Orders to count the service rendered in the K.S.R.T.C along with Government service. The petitioner's contention is that, there is a Government order, Ext.P6 in respect of counting service in autonomous bodies under the State Government along with Government service W.P.(C)No.6536 of 2007 -2- and a learned Single Judge of this court has by Ext.P7 judgment construed the expression 'autonomous bodies' in Ext.P6 Government order as including Kerala State Electricity Board and Kerala State Road Transport Corporation also. The petitioner therefore seeks the following reliefs: “(a) issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext.P5 and quashing the same. (b) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to count the past service rendered by the petitioner in the K.S.R.T.C. for a period of 10 years, 11 months and 9 days as qualifying service for calculating pensionary benefits on the retirement of the petitioner from the Motor Vehicles Department. (c) declare that the petitioner is entitled to count the period of 10 years, 11 months and 9 days of service rendered by him in the KSRTC as qualifying service for calculating pensionary benefits on his retirement from the Motor Vehicles Department.” 2. The 2nd respondent has filed a counter affidavit seeking to refute the contentions of the petitioner. 3. I have considered the rival contentions in detail. 4. Ext.P7 judgment reads as follows: “The petitioners are retired or serving employees under the Government. Before joining State Government service, they had served under the Kerala State Electricity Board. Thereafter, they were recruited under the 'special recruitment W.P.(C)No.6536 of 2007 -3- programme and they joined the State Government service. Their grievance is that the State Government is not counting their past service in the Kerala State Electricity Board for the purpose of computing terminal benefits. Their representations in this regard have been rejected. Challenging those orders and seeking a direction to count their service under the KSEB for terminal benefits, this Original Petition is filed. The Government by Ext.P18 Order dated 2.2.2001 have ordered that the services under the local bodies and Universities shall be counted for pensionary benefits on their retirement from Government service. The first paragraph of Ext.P18 reads as follows: “In the Government Orders read above, Government have issued guidelines for reckoning the service have rendered in Government of India Departments/ Central Autonomous Bodies/State Government Departments/State Autonomous Bodies/Public Sector Undertakings etc. for reckoning pensionary benefits consequent on permanent absorption in the State Government Departments/State Autonomous Bodies and vice versa. Prorata pension is payable in the cases of permanent absorption or Government employees in State/Central Public Undertakings and vice versa.” 2. A reading of the said paragraph will show that the employees who joined State Government service after serving in State Autonomous Bodies/Public Sector Undertakings are entitled to count their past service provided the erstwhile employer of the concerned employee pays the prorata pensionary benefits. KSEB and KSRTC will come under the sweep of the expression “State Autonomous Bodies/Public Sector Undertakings”. The Government have issued Ext.P19 order dated 4.12.2000 enabling an employee of the KSRTC who joined the State Government service to count his past service under the KSRTC. 3. The claim of the petitioners is rejected for the reason that there is no specific order permitting to count the past service under the KSEB for terminal benefits under the Government. But the learned counsel would point out Ext.P17 Government Order dated 2.2.1998 produced along with the reply affidavit dated 18.1.2000 wherein an erstwhile employee of the KSEB was permitted to count his past service for terminal benefits under the Government. In view of this position, I find no justification for the stand taken by the respondents on the claim put forward by the petitioners. Accordingly, the impugned orders Exts.P2, P4, P7 and P8 are W.P.(C)No.6536 of 2007 -4- quashed. The first respondent is directed to reconsider the matter in the light of the observations contained hereinabove. Orders in this regard shall be paused within three months from the date of receipt of a copy of this judgment after hearing the petitioners or their representative. The Original Petition is disposed of as above.” (underlining supplied) In view of the said judgment, I am satisfied that the petitioner is entitled to the benefit of Ext.P6 Government order, which by Ext.P7 judgment, this Court has construed as applying to service in the K.S.R.T.C. also. Accordingly the writ petition is allowed. The respondents are directed to reckon the petitioner's service in the K.S.R.T.C for the purpose of computing qualifying service of the petitioner for the purpose of retirement benefits. Orders in this regard shall be issued and arrears of retirement benefits due to the petitioner disbursed to him, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN shg/ JUDGE //True Copy// PA to Judge.