IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10346 of 2010(P) -------------------------- PETITIONER(S): --------------- C.RAVEENDRAN NAIR, S/O.K.CHANDRASEKHARA PILLAI, PARAVILA VEEDU, KUNNUNADA, UZHAMALAKKAL P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM. BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENT(S): --------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. BY SC SRI.V.V.N. NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).10346/2010 -------------------- Dated this the 26th day of March, 2010 JUDGMENT Petitioner joined KSRTC as Work Assistant Trainee in 1979. He was regularized in service in October 1979. Even going by the averments in this writ petition, in 1994 he left for UAE for taking up employment, without submitting application for any leave, but only entrusted the leave application with the office bearers of the Union. He came back only in the year 2004. Then he learnt that he was removed from service for unauthorized absence. Thereafter he filed an appeal against his removal from service. That was rejected. Along with the appeal his application for compassionate pension, reckoning the service he rendered was also considered and that application was also rejected. It is challenging Ext.P1 and praying for orders directing payment of compassionate pension, the writ petition is filed. 2. Admittedly petitioner had committed the grave misconduct of unauthorized absence and in a disciplinary proceedings, he W.P.(C).10346/10 2 was ordered to be removed from service. This was happened prior to 2004 and therefore, the correctness of the punishment imposed on him cannot be gone into. A person who has been removed from service for misconduct, cannot claim pension on compassionate grounds and therefore, the petitioner has not made out a case for interference with Ext.P1. Writ petition is accordingly dismissed. ANTONY DOMINIC, Judge mrcs