Niyas.A.P vs The Kerala State Road Transport ...
2021 Latest Caselaw 15805 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                     WP(C) NO. 13584 OF 2021
PETITIONER:

    1     NIYAS.A.P
          AGED 35 YEARS
          S/O. ABDULLA A, MECHANIC, KERALA STATE ROAD
          TRANSPORT CORPORATION, ERATTUPETTA DEPOT,
          (RESIDING AT AMMANCHERY HOUSE, VAPARAMBA,
          PANDARATHUMKANDY , AZHIKODE P.O. KANNUR 670 009.

          BY ADVS.
          K.P.JUSTINE (KARIPAT)
          A.JOSEPH GEORGE (AZHIKKAKATH)

RESPONDENTS:

    1     THE KERALA STATE ROAD TRANSPORT CORPORATION,
          REP. 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 ROAD TRANSPORT CORPORATION, TRANSPORT
          BHAVAN, EAST FORT, THIRUVANANTHAPURAM 695 023.

    4     THE EXECUTIVE DIRECTOR (VIGILANCE),
          KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
          BHAVAN, EAST FORT, THIRUVANANTHAPURAM 695 023.

    5     THE ASSISTANT TRANSPORT OFFCIER,
          KERALA STATE ROAD TRANSPORT CORPORATION, ERATTUPETA
          DEPOT 686 121.

          BY ADV. SC FOR KSRTC T.P SAJAN
 WP(C) NO. 13584 OF 2021
                                    2




      THIS    WRIT     PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON     30.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 13584 OF 2021
                                  3




                           JUDGMENT

Dated this the 30th day of July 2021

The petitioner is a mechanic in K.S.R.T.C. attached to

depot at Erattupetta. He was placed under suspension

pursuant to Ext.P1 order, while he was at Kannur. Later,

he was readmitted on 09.09.2019. Thereafter, he was

transferred to Erattupetta on administrative ground. After

joining Erattupetta, he claims to have fallen ill. By Ext.P2

letter, he was directed to report for duty on or before

31.01.2020. But he could not join. He was not permitted

to join thereafter.

2. According to the petitioner, he had reported for

duty, but he was not permitted to join without permission

from the Chief Office. Accordingly, Ext.P3 representation

was submitted before the Managing Director, K.S.R.T.C.,

which is still pending. The limited prayer sought in the

Writ Petition is for a direction to the first respondent to

consider Ext.P3, as expeditiously as possible.

3. Having heard the learned Counsel for the WP(C) NO. 13584 OF 2021

petitioner and the learned Standing Counsel for the

K.S.R.T.C., I am inclined to dispose of the Writ Petition

itself with a direction to respondents 1 and 2 to consider

Ext.P3 representation in accordance with law and to

dispose of it on merits, as expeditiously as possible, at

any rate, within a period of two months from the date of

receipt of a copy of this judgment.

The Writ Petition is disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE SKP/30-7 WP(C) NO. 13584 OF 2021

APPENDIX OF WP(C) 13584/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.

DI/2471/10/KANNUR DATED 16.05.2019.

EXHIBIT P2 TRUE COPY OF THE LETTER NO.

E1/190/20/ETPA DATED 21.01.2020.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 21.6.2021.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE