Ashok Bhushan, Ag.CJ.

This Larger Bench has been constituted on a reference made by a three Judge Bench by referring order dated 15.2.2014, in which the correctness of a Full Bench decision in District Transport Officer v. Kunchan (2009 (3) KLT 954(FB)) has been doubted. By the said reference order, these five Writ Petitions and two Writ Appeals have been referred to Larger Bench.

2. W.P(C).No.31599 of 2009 is being treated as the leading Writ Petition. It is sufficient to refer to the facts and pleadings in the leading Writ Petition for answering the reference and deciding all these cases. The brief facts giving rise to W.P(C).No.31599 of 2009 are:

The petitioner joined the service of the Kerala State Road Transport Corporation (hereinafter referred to as 'KSRTC') as empanelled Driver on daily wage at Adoor Depot in February, 1995. He continued as such till his selection by the Kerala Public Service Commission (hereinafter referred to as 'PSC') and consequent appointment as reserve Driver on the basis of advice memo dated 22.6.2000. The petitioner was appointed as reserve Driver in pay scale of Rs.3,000-6,685/-with effect from 19.7.2000. He became Driver Grade-II with effec