Kerala High Court

G.Manoj vs Kerala State Road Transport ... on 8 April, 2021

W.P(C)NO..21575/2018 & OTHERS        1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE     8TH DAY OF   April 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.21575 OF 2018(V)


PETITIONERS:

               G.MANOJ
               DRIVER GT.II(ON LWA), KSRTC, ERNAKULAM
               UNIT,RESIDING AT KANIYAMPAAMBU, ULAVIPU,CHERTHALA,
               ALAPPUZHA DISTRICT-688 526,REPRESENTED BY HIS WIFE,
               NEETHU, AGED 27 YEARS,AS AUTHORIZED BY THE
               PETITIONER-AS HE IS NOT IN INDIA.

               BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA)

RESPONDENTS:

       1       KERALA STATE ROAD TRANSPORT CORPORATION
               REPRESENTED BY ITS CHAIRMAN/MANAGING
               DIRECTOR,TRANSPORT BHAVAN, FORT,
               THIRUVANANTHAPURAM-695 023.

       2       THE CHAIRMAN MANAGING DIRECTOR
               KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
               BHAVAN, THIRUVANANTHAPURAM-695 023.

       3       THE EXECUTIVE DIRECTOR KSRTC
               TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023.

       4       DISTRICT TRANSPORT OFFICER KSRTC
               ERNAKULAM-682 016.
               STANDING COUNSEL T.P.SAJAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25-03-2021, ALONG WITH,WP(C).23392/2018(Y), WP(C).27728/2018(M),
THE COURT ON 8-04-2021 DELIVERED THE FOLLOWING:
 W.P(C)NO..21575/2018 & OTHERS        2




              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE     8TH DAY OF   April 2021 / 18TH CHAITHRA, 1943

                         WP(C).No.23392 OF 2018


PETITIONER:

               SHANAVAS.V.A.
               AGED 45 YEARS, S/O.ABDUL AZEEZ,VADAKKEDAM,
               ATHIRAMPUZHA 686562,(DRIVER, KERALA STATE ROAD
               TRANSPORT CORPORATION,KOTTAYAM DEPOT)

               BY ADV. SRI.K.P.JUSTINE (KARIPAT)

RESPONDENT:

       1       STATE OF KERALA
               REPRESENTED BY THE SECRETARY,TRANSPORT (A)
               DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM, 1

       2       THE MANAGING DIRECTOR
               KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT
               BHAVAN, EAST FORT,THIRUVANANTHAPURAM 695027

       3       THE EXECUTIVE DIRECTOR ADMINISTRATION
               KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT
               BHAVAN, EAST FORT,THIRUVANANTHAPURAM, 695027

       4       THE DISTRICT TRANSPORT OFFICER
               KERALA STATE ROAD TRANSPORT CORPORATION,KOTTAYAM
               DEPOT

               STANDING COUNSEL T.P.SAJAN
               GOVT.PLEADER SRI.BIMAL NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25-03-2021,        ALONG       WITH,        WP(C).21575/2018(V),
WP(C).27728/2018(M), THE COURT ON 8-04-2021 DELIVERED THE
FOLLOWING:
 W.P(C)NO..21575/2018 & OTHERS        3


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE     8TH DAY OF   April 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.27728 OF 2018(M)


PETITIONER:

               T.O.ANZARI
               THOUFEEQ MANZIL, PALLIPPADI, KARKKADU P.O.,
               MULAKKUZHA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA
               DISTRICT. THROUGH THE P/A HOLDER SMT.SHEEBA, AGED
               38, W/O T.O.ANZARI -DO-

               BY ADV. K.V.ANIL KUMAR

RESPONDENTS:

       1       KERALA ROAD TRANSPORT CORPORATION,TVM
               REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR,
               TRANSPORT BHAVAN, FORT,

       2       THE EXECUTIVE DIRECTOR (ADMINISTRATION) K.S.RT.C.,
               TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM

       3       THE ASSISTANT TRANSPORT OFFICER,
               KS.R.T.C. ADOOR DEPOT,PATHANAMTHITTA DISTRICT

       4       THE ASSISTANT TRANSPORT OFFICER,
               K.S.R.T.C. PANDALAM DEPOT, PATHANAMTHITTA DISTRICT,

               R1 BY ADV. SAJAN T.P, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25-03-2021,        ALONG       WITH,        WP(C).21575/2018(V),
WP(C).23392/2018(Y), THE COURT ON 08-04-2021 DELIVERED THE
FOLLOWING:
 W.P(C)NO..21575/2018 & OTHERS              4




                                  JUDGMENT

[ WP(C).21575/2018, WP(C).23392/2018, WP(C).27728/2018 ]

Dated this the 8th day of April 2021

The above petitioners were employed under the first respondent KSRTC.

While so, each of the petitioner, on their individual application was sanctioned

leave without allowance for a period of five years by separate orders. They got

an employment abroad and were working there. While so, by separate orders

exhibited in the writ petitions, each petitioner was required to rejoin duty within

a stipulated time. Since they were not available, they could not re-join duty.

Subsequently by separate orders, their services were terminated by the KSRTC .

This order is under challenge in these writ petitions.

2. Heard the learned counsel for the petitioner, and the learned standing

counsel for the KSRTC.

3. The impugned order shows that the termination was passed on the

ground of unauthorized absence on duty. Admittedly, the order of termination

was not preceded by a disciplinary proceedings. Though the order of termination

is seen issued invoking Rule 24 of the Kerala Service Rules, the same cannot

apply in the facts of the case, since absence from duty was not for a period of

more than five years. In view of this, the termination of the petitioners without

conducting any disciplinary proceeding are illegal and hence liable to be set

aside.

4. In the result, the writ petitions are allowed. Impugned termination

orders are set aside. The respondent Corporation is directed to reinstate each of

the petitioner to the service immediately on receipt of a copy of this judgment.

Each petitioner shall report to the respective depots where they were working

prior to termination. The respondent Corporation shall consider the manner of

regularization of their period of absence from service.

The writ petitions are allowed to the above extent.

Sd/-


                                                       SUNIL THOMAS

dpk                                                          JUDGE




             APPENDIX OF WP(C) 21575/2018
PETITIONER'S/S EXHIBITS:

EXT.P1:                  A TRUE COPY OF THE ORDER

NO.D.DIS/PL13/001398/17 DATED 06.06.2017 OF THE 3RD RESPONDENT.

EXT.P2: A TRUE COPY OF THE LETTER NO.PL1/3361/17/EKM DATED 12.06.2017 OF THE 4TH RESPONDENT.

EXT.P3: A COPY OF THE SAID EMPLOYMENT AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE M/S.ABDULL NASS & PARTNERS CO.LTD., P.O.BOX 31401 AL-KHOBAR 31952.

EXT.P4: A TRUE COPY OF THE LETTER NO.PL2-

2976/18/EKM DATED 14.05.2018 ISSUED BY THE 4TH RESPONDENT.

EXT.P5: A TRUE COPY OF THE MEMORANDUM NO.P.L17/006538/2017 DATED 09.05.2018 ISSUED BY THE 2ND RESPONDENT.

EXT.P6: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE WIFE OF THE PETITIONER BEFORE THE 2ND RESPONDENT WITH A COPY OF THE 4TH RESPONDENT DATED 18.06.2018.

EXT.P7: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 10.06.2018.

EXT.P8: A TRUE COPY OF THE RELEVANT EXTRACT OF THE LOAN ACCOUNT DETAILS OF THE PETITIONER WITH INDIAN BANK.

EXT.P9: A TRUE COPY OF THE GOLD LOAN PLEDGE TOKEN ISSUED FROM THE FEDERAL BANK TO THE EPTITIONER'S WIFE DATED 21.10.2017.

EXT.P10: A TRUE COPY OF THE VERSION GIVEN BY THE HON'BLE MINISTER FOR TRANSPORT BEFORE THE KERALA LEGISLATIVE ASSEMBLY.

EXT.P11: COPY OF THE ORDER NO.PL11/000806/2018 DATED 9/10/2018 ISSUED BY THE THIRD RESPONDENT

APPENDIX OF WP(C) 23392/2018 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.D.DIS. PL 13/01157/15 DATED 16.06.2015 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P2 TRUE COPY OF THE MEMORANDUM NO. PL 17/006538/2017 DATED 09.05.2018

EXHIBIT P3 TRUE COPY OF THE GO (P) NO. 780/83/FIN DATED 16.12.1983

EXHIBIT P4 TRUE COPY OF THE APPENDIX XII AOF KSR PART I

EXHIBIT P5 TRUE COPY OF THE ORDER PLA -10-1575/84/R.

DIS. DATED 21.08.1984 EXT.P6: COPY OF THE ORDER NO.PL11/000806/18 DATED 1/0/2018

EXT.P7: COPY OF THE JUDGMENT DATED 13/12/2019 IN W.P.(C) NO.30883/2019

EXT.P8: COPY OF THE LETTER DATED 20/8/2020

APPENDIX OF WP(C) 27728/2018 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 05.12.2014 OF THE 2ND RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE RELIEVING RODER ISSUED BY THE 3RD RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE REPLY DATED 31.05.2018 OF THE PETITIONER

EXHIBIT P4 A TRUE COPY OF THE MEMORANDUM DATED 28.07.2018 ISSUED BY THE 2ND RESPONDENT EXT.P5: COPY OF THE ORDER NO . P.L.11/000806/2018 DATED 1/0/2018 ISSUED BY THE SECOND RESPONDENT