A.Muralidharan vs The Ksrtc
2021 Latest Caselaw 1500 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                   WP(C).No.24382 OF 2020(W)


PETITIONER/S:

            A.MURALIDHARAN
            AGED 48 YEARS
            S/O.ARUMUGHAN, DRIVER, KSRTC, PALAKKAD UNIT, 19/288,
            KAUSTHUBHAM, WEST YAKKARA P.O., PALAKKAD-678 001

            BY ADVS.
            SRI.ANOOP JOSEPH
            SRI.K.B.ARUNKUMAR
            SMT.ZERENE LINDA MITCHEL
            SMT.ASWANI THUVVAKKADAN
            SMT.KRISHNA S.

RESPONDENT/S:

      1     THE KSRTC
            REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR,
            KSRTC, TRANS BHAVAN, THIRUVANANTHAPURAM-695 014

      2     THE CHAIRMAN AND MANAGING DIRECTOR
            KSRTC, TRANS BHAVAN, THIRUVANANTHAPURAM-695 014

      3     THE DISTRICT TRANSPORT OFFICER
            KSRTC, PALAKKAD UNIT OFFICE, PALAKKAD -678 014

      4     THE EXECUTIVE DIRECTOR
            VIGILANCE, KSRTC, TRANSBHAVAN,
            THIRUVANANTHAPURAM -695 014

            R1-3 BY ADV. SRI.DEEPU THANKAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24382 OF 2020(W)
                               2




                         JUDGMENT

The petitioner joined service in KSRTC in the year

2007. According to him, due to ill health, he could not

present himself for duty from the year 2011. Stating

that he has been contacting the authorities and the

KSRTC officials seeking permission to rejoin duty and

that no response was given by the KSRTC, this W.P.(C) is

filed. According to him, he was informed that a separate

order from the chief office is required. Hence Ext.P9

representation dated 19.10.2020 was submitted by the

petitioner before the respondents 2 and 3. The petitioner

laments that in spite of considerable delay, the above

representations have not been disposed of.

2. When the matter was taken up, on behalf of

Sri.Deepu Thankan, learned standing counsel for the

KSRTC, it was submitted that the petitioner never turned

up before the authorities and thereafter proceedings

were initiated against him for unauthorised absence. WP(C).No.24382 OF 2020(W)

3. Without adverting to the rival contentions, I am

inclined to dispose of the Writ Petition, directing that the

respondents 1 and 2 shall consider Ext.P9 and shall pass

appropriate orders on it in accordance with law, as

expeditiously as possible, at any rate, within a period of

one month from the date of receipt of a copy of this

judgment.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.24382 OF 2020(W)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 8.8.2012 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 24.11.2016 BEARING NO.3933/16/PLK ISSUED BY THE 3RD RESPONDENT DIRECTING THE PETITIONER TO REJOIN DUTY ON OR BEFORE 01.12.2016

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 1.12.2016 SEEKING PERMISSION TO THE 3RD RESPONDENT TO REJOIN DUTY

EXHIBIT P4 TRUE COPY OF THE CHARGE SHEET DATED 12.4.2018 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER

EXHIBIT P5 TRUE COPY OF THE MEMO OF CHARGES DATED 17.3.2018 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 10.5.2018 ISSUED BY THE DISTRICT TRANSPORT OFFICER ASKING THE PETITIONER TO REJOIN DUTY ON OR BEFORE 31.5.2018 IN ACCORDANCE WITH TH O.M. NO.0495/CMD/2018 DATED 7.5.2018 BY THE CHIEF OFFICE, KSRTC

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 15.5.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT SEEKING PERMISSION TO REJOIN DUTY

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 17.5.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT SEEKING PERMISSION TO REJOIN DUTY IN ACCORDANCE WITH EXHIBIT P-6 ORDER

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 19.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AND 3RD RESPONDENT WP(C).No.24382 OF 2020(W)

EXHIBIT P10 TRUE COPY OF THE POSTAL RECEIPT DATED 22.10.2020 ISSUED BY THE POSTAL DEPARTMENT TO THE PETITIONER ON SUBMITTING EXT.P9 REPRESENTATION TO THE RESPONDENT NO.1

EXHIBIT P11 TRUE COPY OF THE POSTAL RECEIPT DATED 22.10.2020 ISSUED BY THE POSTAL DEPARTMENT TO THE PETITIONER ON SUBMITTING EXT.P9 REPRESENTATION TO THE RESPONDENT NO.1

RESPONDENT'S/S EXHIBITS NIL