The court affirmed the right of provisional employees to have prior service counted towards pension benefits.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 3^RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947 WP(C) NO. 41865 OF 2025 PETITIONER:

SALIMKUMAR K S AGED 65 YEARS S/O.SREEDHARAN NAIR, RESIDING AT KAINETH HOUSE, KUTHUKUZHI.P.O, RETD. CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 28.2.2016 FROM KOTHAMANGALAM DEPOT., PIN - 686691 BY ADV SRI.K.P.JUSTINE (KARIPAT)

RESPONDENTS:

1 THE KERALA STATE ROAD TRANSPORT CORPORATION REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023

2 THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM PIN - 695023

3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN - 695023

4 THE DEPUTY CHIEF ACCOUNTS OFFICER (P&A SECTION) KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT BHAVAN, THIRUVANANTHAPURAM.,PIN - 695023

5 THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA DEPOT, PIN - 683101

6 THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM DEPOT., PIN – 686691 BY ADV.

SRI.AKHIL SURESH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 3^rd day of February, 2026 The petitioner is a retired Conductor of the Kerala State Road Transport Corporation. He joined the service of KSRTC as provisional Conductor on 02.01.1980 and was regularised on 06.09.2001.

2. The Government has issued Ext.P4 Order to regularise 699 Conductors and six Painters in the KSRTC who were recruited through Employment Exchange during 1978-1980 period. But, two batches of similarly situated Conductors happened to be excluded from Ext.P4. Later, they were also regularised and were granted seniority as on the date of Ext.P4, through Ext.P5 Government Order. 3. The petitioner is having 14 years of regular service as per Ext.P10 Pension Payment Order. As per Exts.P7 and P8 documents, the provisional Conductors of KSRTC who joined service during the year 1979-1980 and regularised during the year 2001 are entitled for a grace period of five years for sanctioning grade promotion, considering their provisional service for 12 years or more. The petitioner was granted promotion as Selection Grade Conductor on 06.06.2012 granting the above mentioned benefit of five years considering his prior service for 12 years. Hence, it is to be presumed that the petitioner is having 12 years prior service. So he is having total qualifying service of 26 years for revised pension and other benefits, contends the petitioner.

4. This Court in K.L. Francis v. Kerala State Road Transport Corporation [2015 (1) KLT 1051 LB] held that the employees of KSRTC are entitled for reckoning their prior service for pension and other benefits, as mentioned in Clause XXXIII in the Pay Revision Agreement dated 13.04.1999. The KSRTC approached the Hon'ble Apex Court against these judgments through Civil Appeal Nos.3161- 3165/2019.

5. In compliance with the directions issued by the Hon’ble Apex Court in these cases, the KSRTC issued a Scheme, namely Kerala State Road Transport Corporation Provisional Employees’ Pension Scheme (KSRTC, PEPS), 2021. As per Ext.P12 Scheme, three groups of employees are entitled for reckoning their prior service for revising monthly pension and other benefits. As per paragraph 7(b) of Ext.P12, the petitioner is also entitled for revising his monthly pension and other benefits reckoning the prior service, since he is also granted the seniority of regularisation with effect from 05.03.2001. As per E