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K.JANARDHANAN ASSARY versus KERALA STATE ROAD TRANSPORT CORPORATION

High Court of Kerala

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K.JANARDHANAN ASSARY v. KERALA STATE ROAD TRANSPORT CORPORATION - WP(C) No. 30419 of 2006(U) [2006] RD-KL 1910 (27 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30419 of 2006(U)

1. K.JANARDHANAN ASSARY,
... Petitioner

2. R.SUKUMARAN NAIR, CONDUCTOR GRADE II

3. P.SURENDRAN, RESERVE CONDUCTOR (RTD),

4. P.T.SKARIA, CONDUCTOR GRADE II (RTD),

Vs

1. KERALA STATE ROAD TRANSPORT CORPORATION,
... Respondent

2. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.MURALI PURUSHOTHAMAN

For Respondent :SHRI.JOHNSON P.JOHN, SC, KSRTC

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :27/11/2006

O R D E R

PIUS C.KURIAKOSE,J.

``````````````````````````` W.P.(C) NO. 30419 OF 2006 ```````````````````````````

Dated this the 27th day of November, 2006



J U D G M E N T

Heard Sri.Murali Purushothaman, learned counsel for the petitioner and Sri.Johnson P.John, standing counsel who has taken notice on behalf of KSRTC. It is clear that the issue involved is directly covered by the Division Bench judgment of this court in Idicula Abraham v. KSRTC and Others (2005(2) KLJ 602). Writ petition accordingly will stand allowed.

2. There will be a declaration that the petitioners are entitled for counting the provisional services rendered by them in the Corporation along with their regular service for the purpose of quantifying the pensionary benefits due to them.

3. In view of the above declaration, there will be a direction to the 1st respondent to disburse to the petitioners all pensionary benefits including monthly pension, commuted value of pension and DCRG by reckoning the service rendered by the petitioners as provisional employees in the Corporation along with their regular service. Release of the monetary benefits flowing out of the declaration/direction given above will be made by the WPC 30419/2006 KSRTC,at its earliest and at any rate, within two months of receiving copy of this judgment. It is however clarified that as far as release of DCRG and CVP are concerned, the KSRTC is free to adhere to the priorities fixed as per the guidelines formulated on the basis of the judgment of this court in W.A No.289 of 2001.

PIUS C.KURIAKOSE, JUDGE

Rp


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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