Citation : 2021 Latest Caselaw 12804 Ker
Judgement Date : 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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