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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
KERALA STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
M. SHANAVASKHAN – Respondent
| Table of Content |
|---|
| 1. overview of the appeal's context and the respondent's service issue. (Para 1 , 3) |
| 2. final decision and directive regarding pension entitlement. (Para 2) |
| 3. arguments presented by both parties regarding pension eligibility. (Para 5 , 6) |
| 4. the court's assessment and conclusions about qualifying service. (Para 8) |
JUDGMENT
P.V.BALAKRISHNAN,J This intra-court appeal is filed by the respondents in W.P.(C)
No.2209/2017, challenging the judgment dated 22.11.2021, allowing the writ petition filed by the respondent herein.
2. The respondent herein/writ petitioner joined the Kerala State Road Transport Corporation (hereinafter referred to as 'KSRTC', for short) as a conductor on 13.06.1990 and retired on 30.09.2012. He is aggrieved by Exts.P3 and P10 orders passed by the KSRTC denying him pensionary benefits on the ground that he is not having the qualifying service for getting pension. According to the respondent, the period of Leave Without Allowance (hereinafter referred to as 'LWA', for short), which he had availed from 24.08.2009 to 02.07.2010, has wrongly been omitted by the KSRTC while reckoning the qualifying service for getting pension and if the same is also included,
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