Ubaid Ellyas vs Kerala State Road Transport ...
2021 Latest Caselaw 4471 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                       WP(C).No.2703 OF 2021(K)


PETITIONER/S:

            UBAID ELLYAS
            AGED 35 YEARS
            S/O ELLYAS,RESIDING AT J.E.HOUSE,
            ENTHIKKADU, KUTHIRAKULAM.P.O, VEMBAYAM,
            THIRUVANANTHAPURAM DISTRICT-695615
            (EX-CONDUCTOR, KSRTC, VENJARAMOOD DEPOT)

            BY ADV. SHRI.N.SASIDHARAN UNNITHAN

RESPONDENT/S:

      1     KERALA STATE ROAD TRANSPORT CORPORATION
            REPRESENTED BY THE MANAGING DIRECTOR,
            TRANSPORT BHAVAN,FORT,
            THIRUVANANTHAPURAM-695023.

      2     EXECUTIVE DIRECTOR(ADMINISTRATION),
            KERALA STATE ROAD TRANSPORT
            CORPORATION,FORT,THIRUVANANTHAPURAM-695023.

      3     ASSISTANT TRASPORT OFFICER,
            KERALA STATE ROAD TRANSPORT CORPORATION,
            VENJARAMOOD DEPOT,
            THIRUVANANTHAPURAM DISTRICT-695602.


                SC, SRI.T.P.SAJAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2703 OF 2021(K)
                                 2




                        JUDGMENT

The petitioner was a permanent driver in the

KSRTC. In 2016, he sought five years leave for

employment abroad. It was sanctioned to the petitioner

by Ext.P1 order. Accordingly, he went abroad, got

engaged in a contract employment and returned to

India before completion of five years period. After

return, he submitted Ext.P3 representation on

30.10.2018 requesting for rejoin duty. He was informed

that he has been removed from service with effect from

11.06.2018 by Ext.P9 order dated 01.10.2018.

Thereafter, he submitted Ext.P7 representation dated

16.11.2020 before the first respondent.

2. It is contended by the learned counsel for the

petitioner that Ext.P9 order of removal from service is

per se illegal, unjust, arbitrary and unsustainable. No

charge memo was issued to him, no show cause notice

was issued to him, no personal hearing was conducted

and there was no enquiry preceding the impugned WP(C).No.2703 OF 2021(K)

order.

3. It was contended by the learned counsel for

the petitioner that identically placed employees have

been taken back, pursuant to Ext.P10 and Ext.P11

judgments. It was reported by the learned counsel for

the petitioner that though the judgment of the learned

Single Judge in the light of Exts.P10 and P11 was

challenged before the Hon'ble Supreme Court of India,

it was reportedly rejected. The records show that the

order of termination was based on the ground of

unauthorised absence from duty. Admittedly the order

of termination was not preceded by any disciplinary

proceedings. Though the order of termination was

issued invoking Rule 24 of the Kerala Service Rules, the

same cannot apply to the case at hand, since the

absence from duty was not for a period of more than

five years. Further, leave was consequent to his

voluntary application which was sanctioned. In the

above circumstance, the order of termination without WP(C).No.2703 OF 2021(K)

any disciplinary action is illegal and liable to be

interfered with.

In the result, the Writ Petition is allowed. Ext.P9

order of removal stands quashed. The petitioner is

directed to be reinstated in service. He shall report to

the Depot, where he was working prior to his

termination and the respondent - KSRTC shall consider

regarding the manner of regularisation of his period of

absence from service.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.2703 OF 2021(K)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORER NO.D.DIS.PL11/035041/15 DATED 13/11/2015 OF THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE LETTER NO.E2/1931/2018/VJD DATED 11/5/2018 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 30/10/2018 OF THE PETITIONER SENT TO THE 3RD RESPONDENT

EXHIBIT P4 TRUE COPY OF THE COVERING LETTER NO.E1/3045/18/VJD DATED 9/11/2018 OF THE 3RD RESPONDENT

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 12/10/2018 OF THE PETITIONER SENT TO THE 1ST RESPONDENT

EXHIBIT P6 TRUE COPY OF THE COVERING LETTER NO.ESTT/2280/VJD/2020 DATED 12/10/2020 OF THE 3RD RESPONDENT

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 16/11/2020 OF THE PETITIONER SENT TO THE 1ST RESPONDENT

EXHIBIT P8 TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT NO.E4/2663/VJD DATED 16/11/2020 OF THE 3RD RESPONDENT

EXHIBIT P9 TRUE COPY OF ORDER NO.PL 11/000806/2018 DATED 1/10/2018 OF THE 2ND RESPONDENT

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 5/8/2020 IN W.P(C)NO.5317/2020 OF THIS HONOURABLE COURT

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 6/1/2021 IN WA NO.25/2021 OF THIS HONOURABLE COURT.

RESPONDENT'S/S EXHIBITS            NIL