Kerala High Court
Santhosh Kumar G vs Kerala State Road Transport ... on 22 November, 2023
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
WP(C) NO. 38553 OF 2023
PETITIONER:
SANTHOSH KUMAR G,
AGED 47 YEARS
S/O P.K BABU, AGED 47 YEARS, DRIVER GRADE-I, KERALA
STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM
CENTRAL UNIT, PULLUVILA PADINAJATTATHIL, KADAYIRUPPU
P.O, KOLENCHERY, ERNAKULAM DISTRICT,, PIN - 682311
BY ADVS.
V.PREMCHAND
HALIYA T.P.
MAHADEV M.J.
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM,
PIN - 695023
2 CHAIRMAN AND MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT P.O, THIRUVANANTHAPURAM, PIN - 695023
3 THE EXECUTIVE DIRECTOR,(ADMINISTRATION & VIGILANCE)
KERALA STATE ROAD TRANSPORT CORPORATION. TRANSPORT
BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695023
SRI. DEEPU THANKAN, SC FOR KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C)No.38553 of 2023
2
JUDGMENT
The petitioner states that he is employed as Driver Grade I in the KSRTC. He has approached this Court being aggrieved by Ext.P1 order by which he has been transferred from Thiruvananthapuram Central Unit to Nedunkandam. According to the petitioner, though in Ext.P1, it is stated that the transfer has been effected on administrative grounds, he states that it has been made with malafide intent.
2. According to the petitioner, Ext.P1 transfer order has been issued against the petitioner herein and a certain Sunil A T on the strength of a complaint that the petitioner did not stop the bus at Ambalappuzha though a passenger had reserved a seat. It is submitted that no disciplinary proceedings have been initiated against the petitioner or his colleague. He states that on receipt of the order, Ext.P2 representation was submitted before the 3rd respondent highlighting his grievances. He states that his wife Smt.Bindu Santhosh has been diagnosed with ovarian cancer and his presence is required for providing effective treatment to his sick wife. He states that he has not been relieved to date. His prayer in this writ petition is for issuance of W.P(C)No.38553 of 2023 3 directions to the 3rd respondent to consider Ext.P2 representation and to take a sympathetic view.
3. Sri. Premchand, the learned counsel appearing for the petitioner submitted that his limited request is for consideration of Ext.P2 in the light of Ext.P3 and not to relieve him from the present post till orders are passed on Ext.P2.
4. It appears that a learned Single Judge of this Court had interdicted the transfer order by an interim order dated 20.11.2023.
5. The learned Standing Counsel submits that transfer is an incidence of service and the order has been issued purely on administrative reasons.
6. I have considered the submissions. I find from Ext.P3 dated 14.02.2023 that the wife of the petitioner has underwent a surgery. The petitioner has raised certain contentions in Ext.P2 representation. He has highlighted his grievances and the ailment suffered by his wife. In the facts and circumstances, I am of the considered opinion that directions can be issued to the 3rd respondent to consider Ext.P2 representation and take a decision.
In that view of the matter, this writ petition is disposed of directing the W.P(C)No.38553 of 2023 4 3rd respondent to consider Ext.P2 representation and take a decision with notice to the petitioner within three weeks from the date of receipt of a copy of this judgment. Till orders are passed, the order dated 20.11.2023 shall continue.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE IAP W.P(C)No.38553 of 2023 5 APPENDIX OF WP(C) 38553/2023 PETITIONER'S EXHIBITS:
Exhibit-P1 A TRUE COPY OF THE ORDER DATED 09.11.2023 ISSUED BY THE DISTRICT OFFICER, KSRTC Exhibit-P2 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 14.11.2023 BEFORE THE 3RD RESPONDENT Exhibit-P3 A TRUE COPY OF THE RELEVANT PORTION OF DISCHARGE SUMMARY DATED 14.02.2023 ISSUED BY THE MEDICAL COLLEGE HOSPITAL, KOLENCHERY