Kerala High Court
Ajayakumar V.A. vs The Kerala State Road Transport ... on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.108 OF 2021(K)
PETITIONERS:
AJAYAKUMAR V.A., AGED 54 YEARS
S/O. ACHUKUTTY, DRIVER,
KERALA STATE ROAD TRANSPORT CORPORATION,
HARIPAD DEPOT,
RESIDING AT VADAKEANJANTHARA,
KADAKKARAPPALLY,
P.O. CHERTHALA 68 529.)
BY ADVS.
SRI.K.P.JUSTINE (KARIPAT)
SRI.A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM 695 023.
2 THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM 695 023.
3 THE EXECUTIVE DIRECTOR
(ADMINISTRATION),
KERALA STATE RAID TRANSPORT CORPORATION,.
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM 695 023.
4 THE EXECUTIVE DIRECTOR
(OPERATIONS),
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM 695 023.
5 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
HARIPAD DEPOT 690 514.
W.P(C).108/2021
2
R1-5 BY SHRI.T.P SAJAN, SC,
KERALA STATE ROAD TRANSPORT CORPORATION - KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).108/2021
3
JUDGMENT
The writ petitioner is a driver in the KSRTC. According to him,
while on duty he suffered back pain and was taken to hospital. He had
to undergo treatment for long period. On 28.02.2020, though he
reported for rejoining, he was permitted to rejoin only on 14.03.2020.
The intervening period was treated as LWA. Contending that, though he
had reported for duty with fitness certificate, he was not permitted to
join and since it was due to laches on the part of officers of KSRTC, the
above period was liable to be treated as duty, the petitioner approached
this Court in W.P(C).No.13960/2020. Pursuant to the direction in that
Writ Petition, he was heard and Ext.P10 order was passed by the
Managing Director. The disputed period was treated as eligible leave.
2. The present grievance of the petitioner is that, his prayer
was not considered favourably in Ext.P10 and the above days shall be
treated as duty. He has a further grievance that, he is retiring within 15
months and is entitled to be transferred to his home town, which is
Cherthala. He has submitted Ext.P3 application. He laments that, his
request has not yet been considered inspite of considerable time lag.
3. It seems that the petitioner has a specific case that, though,
he reported for duty on 28.02.2020 along with Ext.P5 fitness certificate
and requested to rejoin evidenced by Ext.P6, he was not permitted to
W.P(C).108/2021
join. According to him, that was due to the laches on the part of officers
of KSRTC. If this is true, there is considerable force in his submission
that he should be treated as on duty. This aspect has to be considered
afresh, notwithstanding Ext.P10.
4. Having considered this, I am inclined to dispose of the Writ
Petition with a direction to the KSRTC to take up Exts.P3 application, as
expeditiously as possible and pass appropriate orders on both his
prayers for reconsideration of leave and transfer, within a period of one
month from the date of receipt of a copy of this judgment.
Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
Sbna JUDGE
W.P(C).108/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE
PETITIONER.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE (PAGE NO.
39) OF THE TRANSFER GUIDELINES.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
2.6.2020.
EXHIBIT P4 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED
BY DIR. SREEKUMAR J.S. OF GOVERNMENT
AYURVEDA HOSPITAL, CEHRTHALA DATED
26.2.2020.
EXHIBIT P5 TRUE COPY OF THE FITNESS CERTIFICATE DATED
28.2.2020 DISSED BY DR. SREEKUMAR J.S., OF
GOVERNMENT AYURVEDA HOSPITAL, CHERTHALA.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
28.2.2020.
EXHIBIT P7 TRUE COPY OF THE P6 REPRESENTATION RECEIPT
NO. E1 562/20/HPD DATED 13..2020.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 10.7.2020
IN WPC NO. 13960/2020.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DAETD24.11.2020
IN CONTEMPT OF COURT CASE NO. 1710/2020
EXHIBIT P10 TRUE COPY OF THE ORDER NO. PL 13/13960/2020
DATED 19.10.2020.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 19.6.2020
IN WPC NO. 17168/2019.
