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Ashsith.S vs Chairman And Managing Director
2021 Latest Caselaw 12804 Ker

Citation : 2021 Latest Caselaw 12804 Ker
Judgement Date : 9 June, 2021

Kerala High Court
Ashsith.S vs Chairman And Managing Director on 9 June, 2021
WP(C) NO. 8481 OF 2021
                                  1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
   WEDNESDAY, THE 9TH DAY OF JUNE 2021 / 19TH JYAISHTA, 1943
                        WP(C) NO. 8481 OF 2021
PETITIONER:

          ASHSITH.
          PARAMTHODATH VEEDU, THATTAMALA P.O, KOLLAM DISTRICT
          691 020
          (CONDUCTOR, KSRTC, CHATHANOOR DEPOT)

          BY ADV A.E.ALIYAR



RESPONDENTS:

    1     CHAIRMAN AND MANAGING DIRECTOR
          KEERALA STATE ROAD TRANSPORT CORPORATION, FORT,
          THIRUVANANTHAPURAM 695 023

    2     EXECUTIVE DIRECTOR(ADMINISTRATION)
          KERALA STATE ROAD TRANSPORT CORPORATION, FORT,
          THIRUVANANTHAPURAM 695 023

    3     ASSISTANT TRANSPORT OFFICER,
          KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANOOR
          DEPOT, KOLLAM 691 034

          BY SRI.DEEPU THANKAN, SC




THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8481 OF 2021
                                2

                          C.S.DIAS,J
               ------------------------
                   WP(C).No.8481 of 2021
               ------------------------
              Dated this the 9th day of June, 2021

                          JUDGMENT

The petitioner who claims to be a permanent conductor of

the 1st respondent Corporation at its Chathanoor Depot, is

aggrieved by the refusal on the part of the respondents in

admitting him to duty.

2. It is the case of the petitioner that he had entered into

service in the 1st respondent on 28.05.2009, as evidenced by

Ext.P1. The petitioner got affected with "Contact Dermatitis"

and was under continuous treatment. He submitted Ext.P2

application for leave for five months. After prolonged treatment

and recovery, the petitioner submitted Ext.P3 representation

before the 1st respondent requesting to re-join duty. However,

there was no response on the same. The petitioner again

submitted Ext.P6 representation before the 1 st respondent, which

is also pending consideration. Hence, the petitioner seeks a

direction to the 1st respondent to consider and dispose of Ext.P6

representation within a time frame.

3. Heard the learned counsel appearing for the petitioner WP(C) NO. 8481 OF 2021

and the learned Standing Counsel appearing for the respondents.

3. Taking into account the fact that Ext.P6 representation

is pending consideration before the 1st respondent since

24.12.2020, without expressing anything on the merits of the

matter, I direct the 1st respondent to consider and dispose of

Ext.P6 representation, as expeditiously as possible and at any

rate within a period of two months from the date of receipt of a

copy of this judgment.

The writ petition is ordered accordingly.

Sd/-

C.S.DIAS,JUDGE

dlK 09.06.2021 WP(C) NO. 8481 OF 2021

APPENDIX OF WP(C) 8481/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF MEMORANDUM NO.

ESTT.1125/09/CTNR DATED 28-05-2009 OF THE 3RD RESPONDENT ADMITTING THE PETITIONER TO DUTY

EXHIBIT P2 TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 1-12-2010 FOR LEAVE FOR 5 MONTHS

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 5-3-

2020 OF THE PETITIONER SUBMITTED TO THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 6-6-2009

EXHIBIT P4 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 3.12.2009

EXHIBIT P4 B TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 1.6.2010

EXHIBIT P4 C TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 28.11.2010

EXHIBIT P4 D TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 27.05.2011

EXHIBIT P4 E TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 23.11.2011

EXHIBIT P4 F TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 21.05.2012

EXHIBIT P4 G TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED WP(C) NO. 8481 OF 2021

TO THE PETITIONER BY DR.BINI UPENDRAN DATED 17.11.2012

EXHIBIT P4 H TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 16.05.2013

EXHIBIT P4 I TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 12.11.2013

EXHIBIT P4 J TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 07.11.2014

EXHIBIT P4 K TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 11.05.2012

EXHIBIT P4 L TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 6-5-2015

EXHIBIT P4 M TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 2.11.2015

EXHIBIT P4 N TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 30.04.2016

EXHIBIT P4 O TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 27.10.2016

EXHIBIT P4 P TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 25.04.2017

EXHIBIT P4 Q TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 22.10.2017

EXHIBIT P4 R TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 20.04.2018 WP(C) NO. 8481 OF 2021

EXHIBIT P4 S TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 17.10.2018

EXHIBIT P4 T TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY DR.BINI UPENDRAN DATED 15.04.2019

EXHIBIT P5 TRUE COPY OF THE MEDICAL FITNESS CERTIFICATE ISSUED TO THE PETITIONER BY DR. BINI UPENDRAN DATED 16-03-2020

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 24-12-2020 OF THE PETITIONER SENT TO THE 1ST RESPONDENT.

 
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