Kerala High Court
Kerala State Road Transport ... vs S.S. Saju on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WA NO. 952 OF 2021
AGAINST THE ORDER IN WP(C).NO.14377/2021 OF THE HIGH COURT OF KERALA,
ERNAKULAM
APPELLANTS/RESPONDENTS 1 TO 4:
1 KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
FORT, THIRUVANANTHAPURAM- 695 023.
2 CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM- 695 023.
3 THE EXECUTIVE DIRECTOR
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM- 695 023.
4 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA DEPOT,
ALUVA- 683 101.
BY SRI.DEEPU THANKAN, SC, KSRTC
RESPONDENT/PETITIONER:
S.S. SAJU, THENGUVILA HOUSE, NILAMEL P.O., KOLLAM
DISTRICT 691 535, CONDUCTOR, KERALA STATE ROAD TRANSPORT
CORPORATION ALUVA DEPOT, ERNAKULAM
BY ADV SRI.V.PREMCHAND
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A. No. 952 of 2021
2
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
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W.A. No. 952 of 2021
{arising out of the impugned interim order dated 20.7.2021 in
WP(C )No. 14377/2021 }
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Dated this the 2nd day of August, 2021
JUDGMENT
The learned Single Judge has issued interim order dated
20.7.2021 in WP(C).No.14377/2021 ordering that stay of operation of
impugned Ext.P-1 transfer order dated 8.7.2021 till 10.8.2021. Being
aggrieved by the said interim order dated 20.7.2021 in
WP(C).No.14377/2021, respondents 1 to 4 in the said WP(C) have
preferred the instant intra-court appeal.
2. Heard Sri.Deepu Thankan, learned Standing Counsel for
the Kerala State Road Transport Corporation (KSRTC) appearing for
the appellants/respondents 1 to 4 in the WP(C) and Sri.V.Premchand,
learned counsel appearing for the respondent in the W.A./writ
petitioner.
3. It is seen that the impugned interim order passed by the
W.A. No. 952 of 2021
learned Single Judge is only to the effect that the impugned Ext.P-1
transfer order shall stand stayed till 10.8.2021, and the case has been
posted to 10.8.2021 for further consideration. After hearing both sides,
we are of the firm view that the present impugned order may not be
amenable for appellate challenge in terms of Sec.5(i) of the Kerala High
Court Act, 1958, in view of the dictum laid down by the larger bench of
this Court in the decision in K.S.Das v. State [1992 (2) KLT 358
(FB)]. In majority verdict, the Larger Bench has held in para 46 of
K.S.Das's case supra that that the word 'order' appearing in Sec.5(i) of
the Kerala High Court Act, 1958, includes apart from other orders,
orders passed by the High Court in miscellaneous petitions filed in writ
petitions, provided the orders are to be in force pending the writ
petition. An appeal would lie against such orders only if the orders
substantially affect or touch upon the substantial rights or liabilities of
the parties or are matters of moment and cause substantial prejudice to
the parties.
4. In view of the abovesaid well settled dictum laid down by
the Larger Bench in K.S.Das's case supra, we are of the view that an
W.A. No. 952 of 2021
appeal in this case is not maintainable. However, since, the order
under challenge is a transfer order, we would request the learned
Single Judge to consider the final disposal of the main matter in the
WP(C) without much delay, preferably by the fourth week of August,
2021.
With these observations and directions, the above Writ Appeal
will stand dismissed.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A.BADHARUDEEN, JUDGE
MMG
