1 W.P.(C) No.12287 of 2023 2025:KER:25699 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 12287 OF 2023 PETITIONER: KARUNAKARAN.K.K., AGED 57 YEARS, S/O. KELU.K.K., KARIYATHAN KALLUNGAL VEEDU, THELLATHINKARA, KARAADI, P.O.THAMARASSERY, KOZHIKODE DISTRICT, PIN – 673573, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.07.2019 FROM KOZHIKODE DEPOT) BY ADVS. K.P.JUSTINE (KARIPAT) A.JOSEPH GEORGE (AZHIKKAKATH) RESPONDENTS: 1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023 2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023 3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023 4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023 2 W.P.(C) No.12287 of 2023 2025:KER:25699 5 THE DISTRICT OFFICER FOR KOZHIKKODE AT KSRTC, KOZHIKKODE DEPOT, PIN - 673001 6 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE DEPOT, PIN - 673001 BY ADV. SRI.DEEPU THANKAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No.12287 of 2023 2025:KER:25699 JUDGMENT The petitioner, who is stated to have joined the service of the Kerala State Road Transport Corporation (KSRTC) on 07.11.2007, sought his prior service in the military for the period from 22.09.1982 to 01.03.1988 also to be counted while calculating his service benefits upon his retirement from service on 31.07.2019. The claim of the petitioner was considered and found against the petitioner through Ext.P11 dated 22.11.2022, essentially on the finding that the service put in by the petitioner with the military was as a “civilian”. It is in such circumstances that the captioned writ petition is filed by the petitioner. 2. Heard Sri.K.P.Justine, the learned counsel for the petitioner and Sri.Deepu Thankan, the learned Standing Counsel for the respondent KSRTC. 3. The short issue arising for consideration is as to whether the petitioner is justified in contending that his military service is also to be reckoned while calculating the service benefits available in KSRTC. Subsequent to the filing of this writ petition, the petitioner has obtained and produced Ext.P13 communication from the Zila Sainik Welfare Officer, certifying that the service put 4 W.P.(C) No.12287 of 2023 2025:KER:25699 in by the petitioner in the army was “ex-GNR (DMT)” and that he has been duly discharged from service on 01.03.1988. 4. True, as rightly pointed out by Sri.Deepu, in the writ petition, the petitioner has not pointed out that he was an “ex- GNR”. Even on the face of the afore, I notice that if the petitioner was an ex-GNR, merely because the facts are not so pleaded in the writ petition, an otherwise eligible claim is not to be denied. Therefore, not sticking on technicalities, I am of the opinion that the petitioner is to be granted one more opportunity to point out his eligibility as claimed for before the KSRTC. 5. So as to facilitate the above, I set aside Ext.P11. There will be a direction to the 2nd respondent herein to consider the claim of the petitioner afresh with specific reference to Ext.P12 representation as well as Exts.P13 and P14 produced before this Court, as expeditiously as possible, at any rate within a period of eight weeks from today. This writ petition is disposed of as above. Sd/- HARISANKAR V. MENON JUDGE anm 5 W.P.(C) No.12287 of 2023 2025:KER:25699 APPENDIX OF WP(C) 12287/2023 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE VERIFICATION DOCUMENTS ISSUED BY THE CAPTAIN, RECORD OFFICER FOR OIC RECORDS DATED 19.09.2019. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 3.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE RESPODENT CORPORATION EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 10.02.2020 IN W.P.(C) NO.3497/2020 OF THIS HONOURABLE COURT EXHIBIT P5 TRUE COPY OF THE ORDER NO.PA7/ 039493/19 DATED 19.8.2020 ISSUED BY 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER G.O.(P) NO.408/2015/FIN. DATED 14.9.2015 ISSUED BY FINANCE (PRC A) DEPARTMENT EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 10.3.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE PENSION PAYMENT ORDER NO.54240 ISSUED TO THE PETITIONER BY THE RESPONDENT CORPORATION EXHIBIT P9 TRUE COPIES OF RELEVANT PAGES OF THE PAY REVISION AGREEMENT, 1990 DATED 28.12.1990 EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 27.6.2022 IN W.P.(C) NO.12199/2022 OF THIS HONOURABLE COURT EXHIBIT P11 TRUE COPY OF THE ORDER NO.PA7/039493/19 DATED 22.11.2022 IN COMPLIANCE TO P10 JUDGMENT ISSUED BY THE 2ND RESPONDENT EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 15.3.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P13 TRUE COPY OF THE LETTER NO. A- 6/12289/2023 DATED 26.10.2023 SENT BY 6 W.P.(C) No.12287 of 2023 2025:KER:25699 ZILA SAINIK WELFARE OFFICER, THIRUVANANTHAPURAM EXHIBIT P14 TRUE COPY OF THE CERTIFICATE VIDE NO.D4/EMPL/2632/2024 DATED 11.06.2024 FROM THE ZILA SAINIK WELFARE OFFICER, KOZHIKODE