V.Vijesh vs Kerala State Road Transport ...
2021 Latest Caselaw 21766 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                       WP(C) NO. 23902 OF 2021
PETITIONER:

          V.VIJESH,
          AGED 44 YEARS
          CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION
          (KSRTC), CHALAKUDY UNIT,
          THRISSUR DISTRICT, PIN-680 307.
          BY ADVS.
          V.PREMCHAND
          SURYA MOHAN P.


RESPONDENTS:

    1     KERALA STATE ROAD TRANSPORT CORPORATION,
          REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
          TRANSPORT BHAVAN, FORT P.O.,
          THIRUVANANTHAPURAM-695 023.
    2     CHAIRMAN AND MANAGING DIRECTOR, KSRTC,
          TRANSPORT BHAVAN, FORT P.O.,
          THIRUVANANTHAPURAM-695 023.
    3     THE EXECUTIVE DIRECTOR, (ADMINISTRATION),
          KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
          BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023.
          BY ADV.SRI.DEEPU THANKAN SC KSRTC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    2
W.P.(C)No.23902 of 2021




                             JUDGMENT

The petitioner is employed as Driver Grade-II, in the

Kerala State Road Transport Corporation (KSRTC). The petitioner

entered service in the year, 2015 and joined at Peroorkada Unit

and is working in the said Unit since then. The KSRTC published

Ext.P1 draft list of employees to be transferred and invited

objection to the said list. The petitioner's name was included in

Ext.P1 draft list under the head "Transfer on the basis of the

requests made by the employees". The petitioner submitted

Ext.P3 petition before the 3rd respondent against the draft list

stating that he has not requested for any transfer. The KSRTC

later published Ext.P4 order of transfer of employees. The

petitioner's name is included in Ext.P4 at Sl.No.148 and the

petitioner is transferred to Chalakudy. The petitioner has filed

Ext.P5 representation before the 3rd respondent stating that he

has never requested for any transfer from Peroorkada Unit to

Chalakudy and there are other senior drivers in that station who

are liable to be transferred before the petitioner is transferred

W.P.(C)No.23902 of 2021

from that station.

2. Heard the learned counsel for the petitioner and

Sri.Deepu Thankan the learned standing counsel for the

respondents.

In the nature of the limited relief prayed for by the

petitioner and considering the facts and circumstances of the

case, there will be a direction to the 3 rd respondent to take up

Ext.P5 for consideration and pass appropriate orders in

accordance with law, within a period of two months from today.

I make it clear that I have not expressed any opinion on the

merits of Ext.P5 representation submitted by the petitioner.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE ska

W.P.(C)No.23902 of 2021

APPENDIX OF WP(C) 23902/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF ORDER DATED 16.09.2021 ISSUED BY 2ND RESPONDENT. Exhibit P1 A ENGLISH TRANSLATION OF THE RELEVANT PORTION RELIED IN EXHIBIT P1.

Exhibit P2 TRUE COPY OF THE ORDER DATED 20.09.2021 ISSUED BY 3RD RESPONDENT.

Exhibit P2 A ENGLISH TRANSLATION OF EXHIBIT P2. Exhibit P3 TRUE COPY OF THE PETITION 24.09.2021 BEFORE THE 3RD RESPONDENT.

Exhibit P3 A ENGLISH TRANSLATION OF THE RELEVANT PORTION RELIED IN EXHIBIT P3.

Exhibit P4 TRUE COPY OF THE ORDER DATED 12.10.2021 ISSUED BY 2ND RESPONDENT.

Exhibit P4 A ENGLISH TRANSLATION OF THE RELEVANT PORTION RELIED IN EXHIBIT P4.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 16.10.2021 BEFORE THE 3RD RESPONDENT. Exhibit P5 A ENGLISH TRANSLATION OF EXHIBIT P5.