IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 17491 OF 2022
PETITIONER:
SUNIL JOSEPH, INSPECTOR, KSRTC, PERUMBAVOOR DEPOT,
ERNAKULAM DISTRICT.
BY ADV K.P.RAJEEVAN
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
FORT, THIRUVANANTHAPURAM, PIN-695023.
2 MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695023.
3 EXECUTIVE DIRECTOR (VIGILANCE),
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695023.
4 ASSISTANT TRANSPORT OFFICER, KSRTC, PERUMBAVOOR DEPOT,
ERNAKULAM DISTRICT, PIN-683542.
5 ASSISTANT TRANSPORT OFFICER, KSRTC, MALAPPURAM DEPOT,
MALAPPURAM DISTRICT, PIN-676505.
SRI DEEPU THANKAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17491 OF 2022
2
JUDGMENT
The petitioner asserts that certain periods - the dates of which are mentioned in this writ petition, are entitled to be treated as regular duty, leading to the grant of service benefits to him, in the light of Note 4 of Rule 12(7) of Part I of the Kerala Service Rules (KSR). He says that, as is evident from Ext.P6, the bill for an amount of Rs.2,24,800/- has been prepared towards the arrears of salary, but that the same has not been yet disbursed to him. He submits that he is now facing extreme financial crisis and that unless this amount is immediately released, he will put to irreparable prejudice. He says that he has, therefore, preferred Ext.P5 representation before the second respondent - Chairman and Managing Director of the KSRTC and prays that the said Authority be directed to consider the same and issue appropriate orders thereon, within a time frame to be fixed by this Court.
2. The afore submissions of Sri.K.P.Rajeevan - learned counsel for the petitioner, were answered by Smt.Shahanas K.P.
- learned counsel representing the standing counsel for the KSRTC, saying that if the petitioner only requires Ext.P5 to be taken up and disposed of by the second respondent appositely, WP(C) NO. 17491 OF 2022 3 she will not stand in the way of such orders being issued by this Court; however, praying that this Court may not make any affirmative declarations as to the entitlement of the petitioner to any relief and leave it to the competent Authority to take a decision on it in terms of law.
3. When I consider the afore submissions, it is evident that the petitioner is impelling a case of extreme requirement for money and I am, therefore, certain that the second respondent must take up Ext.P5 and decide on it within the shortest period of time.
4. Resultantly, I allow this writ petition and direct the second respondent to take up Ext.P5 representation of the petitioner, adverting to Ext.P6 bill and after affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
In order to obtain an expeditious compliance of this judgment, I direct the petitioner to mark appearance before the second respondent at 11 A.M. on 01.07.2022, on which day, WP(C) NO. 17491 OF 2022 4 the said Authority will either hear him or fix a convenient date for such purpose and complete proceedings within the afore time frame.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 17491 OF 2022 5 APPENDIX OF WP(C) 17491/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF ORDER NO.V.L.A1/11848/2017/ (VLC4) DATED 17.11.2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 A TRUE COPY OF FITNESS CERTIFICATE DATED 20.9.2017.
Exhibit P3 A TRUE COPY OF QUESTION DATED 18.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER, KSRTC, MALAPPURAM.
Exhibit P4 A TRUE COPY OF INFORMATION DATED 13.12.2021 WITH THE RELEVANT PAGE OF THE INWARD REGISTER DATED 25.9.2017 AND RELEVANT PAGE OF DESPATCH REGISTER DATED 4.10.2017 OF MALAPPURAM DEPOT.
Exhibit P5 A TRUE COPY OF REPRESENTATION DATED 17.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 A TRUE COPY OF BILL NO.265 DATED 25.3.2022 BY THE 4TH RESPONDENT FOR AN AMOUNT OF RS. 2,24,800/-.