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2025 Supreme(Ker) 1793

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sushrut Arvind Dharmadhikari, J, Syam Kumar V.M.
Chairman and Managing Director, Kerala State Road Transport Corporation – Appellant
Versus
Mathew John, S/O. P.M. John – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.M.Gopikrishnan Nambiar, Sc, Shri.Deepu Thankan, SC

Table of Content
1. the court applied the doctrine of approbate and reprobate, emphasizing fairness in accepting benefits. (Para 12)

JUDGMENT :

The present intra court appeal under Section 5 of the Kerala High Court Act , 1958, assails the judgment dated 22.11.2013 passed in W.P(C)No.6492 of 2009, whereby the learned Single Judge has allowed the writ petition and directed the appellants herein to re-compute the pension and other retirement benefits reckoning the period of leave along with consequential benefits. The appellants were the respondents in the writ petition and the respondent was the petitioner.

3. The issue involved in the writ petition was whether the period of LWA can be reckoned as qualifying service for the purpose of computing pension and other retirement benefits. Vide the impugned order, the appellant authorities had reduced the above mentioned period while reckoning the qualifying service. Being aggrieved, the respondent had filed the writ petition seeking a declaration that he is entitled to count his past services including the period of leave for computing the pension and other benefits. He also prayed for consequential benefits with regard to disbursement of pen

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