KUNJU MOHAMMED Vs. K S R T C

JUDGEMENT

(1.) The point that arises for decision in this case is whether the service rendered by the appellant in the Central Reserve Police Force can be reckoned for the purpose of computing the terminal benefits payable from the K.S.R.T.C.

(2.) The brief facts of the case are as follows; The appellant was working in the C.R.P.F from 1.7.1964 to 26.6.1976. He was discharged from the said Force on his request. Later he joined the K.S.R.T.C on 24,8.1978. He retired from the service of the K.S.R.T.C on 31.1.2000. The terminal benefits payable to him, including D.C.R.G, were sanctioned as per Exhibit P3 order. The service rendered in the Military will be reckoned for pensionary benefits under the State Government, even if the incumbent was discharged from service on request. The said benefit was extended to the persons who served under the C.R.P.F also as per Exhibit P4 dated 7.3.2009. On the strength of those orders, the petitioner submitted Exhibit P5 representation before the K.S.R.T.C, praying that the service rendered by him under the C.R.P.F may also be reckoned for the purpose of computing pensionary benefits. As per the direction of this Court, the K.S.R.T.C considered the matter and by Exhibit P9 order dated 14.1.2005, rejected the appellant's claim. According to the K.S.R.T.C, it has not adopted Exhibit P4 Government Order. Challenging Exhibit P9 and seeking consequential reliefs, the Writ Petition was filed. The learned Single Judge, upholding the contention of the K.S.R.T.C that it has not adopted Exhibit P4, dismissed the Writ Petition. Aggrieved by the same, this Writ Appeal is filed.

(3.) The appellant submitted that by virtue of the regulation making power of the K.S.R.T.C under the Road Transport Corporations Act, 1950, the provisions of the Kerala Service Rules are adopted as a regulation by the K.S.R.T.C. Reference is made to Section 45 of the Road Transport Corporation Act, which enables the K.S.R.T.C inter alia, to frame regulation governing service conditions of officers and other employees of the Corporation. Once the provisions of K.S.R are adopted, the same will apply with amendments and decisions made by the Government from time to time, it is submitted, The appellant made special reference to Rule 11 of Part-III of K.S.R, which reads as follows: