DISTRICT TRANSPORT OFFICER KSRTC Vs. S KUNCHAN

JUDGEMENT

(1.) The issues that have been formulated for consideration by the Full Bench can be, as a matter of convenience, encapsulated as hereunder:

(2.) The issues have arisen for consideration in the context of an employee, who after advice by the PSC, was nevertheless appointed by the Kerala State Road Transport Corporation (for short 'the Corporation') as a Driver on daily wages. He was later absorbed into regular service and retired while continuing in the said post. The Corporation declined to count the services rendered by him as a daily wage employee in the same post, as part of the qualifying service for pension and hence, the writ petition was filed by him for appropriate direction to the Corporation to take into account such service also for the purpose of determining whether he is entitled to draw pension. The learned single Judge allowed the writ petition. The Corporation appealed against the judgment.

(3.) The writ petitioner inter alia relied on the dictum laid down by a Bench of this court in Idicula v. KSRTC,2005 KerLJ 602 and the judgment in W.A. No. 1066/03.