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2009 Supreme(Ker) 634

V.GIRI, C.T.RAVIKUMAR, K.BALAKRISHNAN NAIR
District Transport Officer – Appellant
Versus
S. Kunchan (retired driver, K. S. R. T. C. ) – Respondent


Advocates Appeared:For the Petitioners:N. James Koshy. SC. KSRTC. For the Respondent:M.V. Bose, Advocate.

Judgment :-

Giri, J.

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

(1) Whether the service as a daily wage employee rendered by a person, at the instance of the employer, after he has been selected for regular appointment by the Public Service Commission {for short "the Commission"} and duly advised in that regard, can be taken as qualifying service for the purpose of pension and other retirement benefits?

(2) As a corollary, does the service rendered as a daily wage employee or a casual employee in an organization, where the Kerala Service Rules have been adopted for all relevant purposes, in circumstances other than what is mentioned in Issue No.1 above, be eligible to be treated as qualifying service for the purpose of pension?

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 servic




































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