P.B.Dileepkumar vs The Kerala State Road Transport ...
2021 Latest Caselaw 8332 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                       WP(C).No.28811 OF 2020(B)


PETITIONER/S:

                P.B.DILEEPKUMAR, AGED 44 YEARS
                PUTHENVEETTIL HOUSE, THENGODE P.O., NAVODAYA
                JUNCTION, ERNAKULAM DISTRICT, PIN - 682 030.

                BY ADV. SRI.SAJEEV KUMAR K.GOPAL

RESPONDENT/S:

      1         THE KERALA STATE ROAD TRANSPORT CORPORATION
                REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
                TRANSPORT BHAVAN, FORT P.O.,
                THIRUVANANTHAPURAM - 695 023.

      2         THE CHAIRMAN AND MANAGING DIRECTOR
                THE KERALA STATE ROAD TRANSPORT CORPORATION,
                TRANSPORT BHAVAN, FORT P.O.,
                THIRUVANANTHAPURAM - 695 023.

      3         THE EXECUTIVE DIRECTOR (VIGILANCE)
                THE KERALA STATE ROAD TRANSPORT CORPORATION,
                TRANSPORT BHAVAN, FORT P.O.,
                THIRUVANANTHAPURAM - 695 023.

      4         THE SPECIAL OFFICER
                KERALA STATE ROAD TRANSPORT CORPORATION,
                NILAKKAL, PAMBA - 689 662.

      5         THE ZONAL OFFICER
                KERALA STATE ROAD TRANSPORT CORPORATION,
                ERNAKULAM - 682 035.

      6         THE DISTRICT TRANSPORT OFFICER
                KERALA STATE ROAD TRANSPORT CORPORATION,
                ERNAKULAM - 682 035.

                R1-6 BY ADV. SRI.DEEPU THANKAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).28811/2020
                                   2




                            JUDGMENT

Petitioner herein is employed in the KSRTC as a driver. Dispute

arose regarding his absence on 8th, 9th and 10th of December 2018. After

the prolonged proceedings, it was regularized. Petitioner had a specific

case that, he was available on duty on 17.12.2008 as well as on

18.12.2018. Due to various reasons, those days are treated as

unauthorized absence and it is not being regularized inspite of specific

requests.

2. On instructions, learned Standing Counsel for the KSRTC

submitted that the petitioner has not filed separate application for

regularizing the alleged unauthorized absence on 17 th and 18th of

December 2018. Learned counsel for the petitioner specifically invited

my attention to Ext.P9, which discloses that the petitioner has worked

on 17.12.2018 in bus No.JL28 with log sheet No.705982 and on

18.12.2018 for ground duty. However, he was not given the duty.

3. In the light of above, his application Ext.P9 shall be

considered having regard to his claim that, it may be treated as duty

and he may be given the salary for that. Learned counsel for the

petitioner further submitted that, pursuant to the direction of the

Division Bench of this Court in Ext.P12, he was not permitted to join

duty. This has also be considered by the competent authority. W.P(C).28811/2020

In the light of above, the above grievance of the petitioner

shall be considered by the second respondent in the light of Ext.P9 as

well as the contentions set up in the Writ Petition by the petitioner

regarding the denial of permission to join duty pursuant to Ext.P12

decision within a period of one month from the date of receipt of a copy

of this judgment.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                               JUDGE
 W.P(C).28811/2020





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE REPRESENTATION SUBMITTED
                     BY   THE    PETITIONER BEFORE   THE   2ND
                     RESPONDENT.

EXHIBIT P2           TRUE COPY OF THE SUBMISSION MADE BY THE

PETITIONER BEFORE THE SPECIAL OFFICER ON 05/12/2018.

EXHIBIT P3 TRUE COPY OF THE OP TICKET DATED 18/12/2018.

EXHIBIT P4 TRUE COPY OF THE REPORT IN MATHRUBHOOMI DAILY DATED 19/12/2018.

EXHIBIT P4(A) TRUE COPY OF THE STATEMENT ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RELIEVING ORDER BY THE SPECIAL OFFICER, PAMBA DATED 18/12/2018.

EXHIBIT P6 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.J.SARAN RAJ DATED 22/12/2018 OF GOVERNMENT MEDICAL COLLEGE, ERNAKULAM.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 22/12/2018 BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN FOR HUMAN RIGHTS COMMISSION.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 29/01/2019.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WP(C) NO.1124/2019 DATED 08/04/2019 OF THIS HON'BLE COURT.

EXHIBIT P11 TRUE COPY OF THE ORDER PASSED BY THE EXECUTIVE DIRECTOR (VIGILANCE) DATED 07/08/2020.

W.P(C).28811/2020

EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER IN W.A.NO.1191 OF 2019 DATED 30/04/2019.

EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 28/08/2020 FROM THE DISTRICT TRANSPORT OFFICER.

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 16/09/2020.