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Judgment
Admit. Government Pleader takes notice for the 1st respondent. Standing counsel takes notice for the 2nd respondent.
The writ petition has been filed praying that the petitioners are entitled to count their provisional service prior to the regular service for the purpose
of pension and pensionary benefits. They are relying on the decision of the Larger Bench in K.L.Francis Vs. KSRTC and another [2015 (2) KHC (1)]
Heard. The counsel for the respondents submitted that the judgment relied on by the petitioners has been challenged before the Hon'ble Supreme
Court and Special Leave Petitions are pending and that the Apex Court has granted interim stay only in some of the Special Leave Petitions that too
against further proceedings in contempt of Court cases. The petitioners also rely on Ext.P16 judgment of this Court in WP(C) No.22061/2019, wherein
, this Court had directed the 2nd respondent to take into account the provisional service also for the purpose of pension. Considering the above
aspects, this writ petition is disposed of directing the 2nd respondent to take into account the provisional service prior to the regular service while
calculating the pension payable to the petitioners. It is made clear that the above direction will be subject to the result of the Special Leave Petitions
filed by the respondents against the judgment in K.L.Francis (supra). Necessary orders shall be passed within three months from the date of receipt of
a certified copy of this judgment.
The writ petition is disposed of as above.