IDICULA ABRAHAM Vs. KERALA STATE ROAD TRANSPORT

JUDGEMENT

(1.) Petitioners were employed as daily-rated reserved drivers in the Kerala State Road Transport Corporation from 1981 onwards. They were continuously doing the work on daily wage basis till they were permanently appointed through the Public Service commission. We refer to the date of appointment mentioned in O.P.No. 32947 of 2002 (W.A.No.1636 of 2003). Petitioner in that case who was advised by the Employment Exchange was appointed as driver on provision basis on 29-6-1981. Petitioner was appointed on regular basis as driver on the advice of Kerala Public Service commission on 29-5-1989. Therefore, on 3-6-1989 provisional appointment was terminated and he joined duty as regular driver on 5-6-1989. He retired from service on 30-4-2002. He wanted his daily rated provisional service to be counted for pensionary benefits. That was disallowed and hence the writ petition was filed.

(2.) The question is whether the uninterrupted provisional service without break is liable to be counted for pensionary benefits. The date of appointment has to be taken from the date of appointment by Public Service Commission. Normally, provisional service is not taken into account for counting qualified service for pension. But, the question is whether there is any rule in the KSRTC to count provisional service for pensionary benefits. There is no regulation or service rules regarding pensionary matter in the KSRTC. According to the KSRTC, they are following the Government pattern and rules regarding pension from time to time. Ext.P11 is the conciliation settlement entered into with the KSRTC which is binding on the workmen as well as the management. Clause XXIII of Ext.11 conciliation settlement deals with pension. It reads as follows:

(3.) In Ext.P6 rules with regard to the scales of pay, it is stated that provisional/employment exchange service followed by regular service without break will be reckoned for weightage. But, at the same time clause XIII(5) of Ext.P6 says that service will count as qualifying service provided there is no break exceeding three months (ninety days). In Ext.P7 conciliation settlement it is stated that daily wage period in respect of drivers and conductors and pre-appointment training of mechanical staff will also be counted as qualifying service for grade promotion. Petitioners were given increments taking into account the provisional service. But, it was no taken into account for the calculation of pension. In O.P.No. 29499 of 2001 (W.A.No.269 of 2004), it was contended that it was not taken up for weightage followed by regular service and provisional service rendered prior to 1-10-1994 is taken into account for calculation of pension as qualifying service. Therefore, if sub-clause (1) of clause XXIII of Ext.P11 conciliation settlement is taken into account, the KSRTC employees will get pension taking into account the provisional service prior to 1-10-1994. In this case, all the petitioners had provisional service prior to 1-10-1994 and they were absorbed in the regular service through Public Service commission and till then they were working as regular employees or on daily wage basis. Apart from the above. It is specifically mentioned in clause XXIII (3) of Ext.P11 that daily wage service before their regular appointment will be counted if they had worked at least ten days in a month. It is further stated that if there is any ambiguity, the clause will be interpreted in favour of the employees. In Ext.P6 settlement which is binding on the management and the employees. It is provided that the daily wage period prior to their regular appointment is to be counted for the purpose of pension and grade promotions apart from increments which were granted.