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2025 Supreme(Online)(Ker) 57084

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


Advocates:
For the Appellants/Petitioners: ADV SHRI.DEEPU THANKAN
For the Respondents: ADV SHRI.N.SASIDHARAN UNNITHAN

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, he will be entitled for pension. It is hence, aggrieved by Exts.P3 and P10 orders passed by the KSRTC, the respondent filed the afore writ petition seeking the following reliefs:

“(i) To issue a writ of certiorari or any other writ or orders calling for the records leading to Exhibits P3 and P10 orders and quash the same in so

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