C.K.Sasidharan Vs. the Managing Director, Ksrtc - Court Judgment

SooperKanoon Citationsooperkanoon.com/1014197
CourtKerala High Court
Decided OnJan-21-2013
JudgeHONOURABLE MR.JUSTICE V.CHITAMBARESH
AppellantC.K.Sasidharan
RespondentThe Managing Director, Ksrtc
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh monday, the 21st day of january 2013 1st magha 193 wp(c).no. 1969 of 2013 (u) -------------------------- petitioner(s): -------------------------- c.k.sasidharan, aged 5 years s/o.kochu govindan, cherickattil house, moorckanickara kozhukutty p.o. pin-680752 (inspector- retired on 31-8-2012 ksrtc tcr) by adv. sri.k.p.justine (karipat) respondent(s): ---------------------------- 1. the managing director, ksrtc kerala state road transport corporation transport bhavan,thiruvananthapuram,pin-695023.2. the executive director (administration) office of the managing director,ksrtc transport bhavan,thiruvananthapuram, pin-695023.3. the executive director (vigilance) ksrtc,thiruvananthapuram, pin-695 023.4. assistant transport officer ksrtc,thrissur ”014. r by sri.babu joseph kuruvathazha,sc,ksrtc this writ petition (civil) having come up for admission on 21-01-2013, the court on the same day delivered the following: appendix in w.p.(c) no.1969 of 2013 petitioner(s) exhibits exhibit p1: true copy of the pension payment order issued to the petitioner. exhibit p2: true copy of the medical certificate dt.21-6-2011 issued from the aswini hospital, thrissur. exhibit p3: true copy of the letter no.e2 546/2008/tsr dt.3-8-2009. exhibit p4: true copy of the memo no.pl-11-023840/09 dt.26-5-2011. exhibit p5: true copy of the representations dt.25-6-2011 and 17-10-2011. exhibit p6: true copy of the letters no.g4 3394/2011/tsr dt.25-6-2011 and 29-6-2011. //true copy// p.s. to judge. v.chitambaresh, j.------------------------------- w.p.(c) no. 1969 of 2013 ------------------------------- dated this the 21st day of january, 2013 judgment the petitioner seeks to reckon the period of leave from 8.10.2008 to 31.10.2009 as medical leave and to revise the qualifying service for pension. the petitioner relies on ext.p2 medical certificate and ext.p3 letter of the fourth respondent assistant transport officer in this regard. the petitioner has preferred ext.p5 appeal to the first respondent managing director against ext.p4 order of the second respondent negativing his claim in this regard.2. i direct the first respondent to consider ext.p5 appeal in the light of exts.p2 and p3 referred to above within a period of two months from the date of receipt of a copy of this judgment. the petitioner shall be put on notice and heard in the exercise. the writ petition is disposed of. v.chitambaresh, judge. nj.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 WP(C).No. 1969 of 2013 (U) -------------------------- PETITIONER(S): -------------------------- C.K.SASIDHARAN, AGED 5 YEARS S/O.KOCHU GOVINDAN, CHERICKATTIL HOUSE, MOORCKANICKARA KOZHUKUTTY P.O. PIN-680752 (INSPECTOR- RETIRED ON 31-8-2012 KSRTC TCR) BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): ---------------------------- 1. THE MANAGING DIRECTOR, KSRTC KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN,THIRUVANANTHAPURAM,PIN-695023.

2. THE EXECUTIVE DIRECTOR (ADMINISTRATION) OFFICE OF THE MANAGING DIRECTOR,KSRTC TRANSPORT BHAVAN,THIRUVANANTHAPURAM, PIN-695023.

3. THE EXECUTIVE DIRECTOR (VIGILANCE) KSRTC,THIRUVANANTHAPURAM, PIN-695 023.

4. ASSISTANT TRANSPORT OFFICER KSRTC,THRISSUR ”

014. R BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.1969 of 2013 PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE PETITIONER. EXHIBIT P2: TRUE COPY OF THE MEDICAL CERTIFICATE DT.21-6-2011 ISSUED FROM THE ASWINI HOSPITAL, THRISSUR. EXHIBIT P3: TRUE COPY OF THE LETTER NO.E2 546/2008/TSR DT.3-8-2009. EXHIBIT P4: TRUE COPY OF THE MEMO NO.PL-11-023840/09 DT.26-5-2011. EXHIBIT P5: TRUE COPY OF THE REPRESENTATIONS DT.25-6-2011 AND 17-10-2011. EXHIBIT P6: TRUE COPY OF THE LETTERS NO.G4 3394/2011/TSR DT.25-6-2011 AND 29-6-2011. //true copy// P.S. To Judge. V.CHITAMBARESH, J.

------------------------------- W.P.(C) No. 1969 of 2013 ------------------------------- Dated this the 21st day of January, 2013 JUDGMENT

The petitioner seeks to reckon the period of leave from 8.10.2008 to 31.10.2009 as medical leave and to revise the qualifying service for pension. The petitioner relies on Ext.P2 medical certificate and Ext.P3 letter of the fourth respondent Assistant Transport Officer in this regard. The petitioner has preferred Ext.P5 appeal to the first respondent Managing Director against Ext.P4 order of the second respondent negativing his claim in this regard.

2. I direct the first respondent to consider Ext.P5 appeal in the light of Exts.P2 and P3 referred to above within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall be put on notice and heard in the exercise. The Writ Petition is disposed of. V.CHITAMBARESH, Judge. nj.