Biju M.C vs The Kerala State Road Transport ...
2021 Latest Caselaw 21957 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                       WP(C) NO. 24116 OF 2021
PETITIONER:

          BIJU M. C.,
          AGED 46 YEARS
          S/O. CHOTHI, DRIVER,
          KERALA STATE ROAD TRANSPORT CORPORATION,
          KOOTHATTUKULAM DEPOT - 686 662
          (RESIDING AT MANAKKAPARAMBIL HOUSE,
          KARIMPANA P. O.,
          KOOTHATTUKULAM,
          ERNAKULAM DISTRICT - 686 662).

          BY ADVS.
          SRI. K.P. JUSTINE
          SRI. A. JOSEPH GEORGE


RESPONDENTS:

    1     THE KERALA STATE ROAD TRANSPORT CORPORATION,
          REPRESENTED BY ITS MANAGING DIRECTOR,
          TRANSPORT BAHVAN,
          EAST FORT P. O.,
          THIRUVANANTHAPURAM - 695 023.
    2     THE MANAGING DIRECTOR,
          KERALA STATE ROAD TRANSPORT CORPORATION,
          TRANSPORT BAHVAN,
          EAST FORT P. O.,
          THIRUVANANTHAPURAM - 695 023.
    3     THE EXECUTIVE DIRECTOR (ADMINISTRATION),
          KERALA STATE ROAD TRANSPORT CORPORATION,
          TRANSPORT BAHVAN,
          EAST FORT P. O.,
          THIRUVANANTHAPURAM - 695 027.
    4     THE SUPERINTENDENT,
          SPECIAL CELL (TRANSFER GRIEVANCE),
          KERALA STATE ROAD TRANSPORT CORPORATION,
          TRANSPORT BAHVAN,
          EAST FORT P. O.,
          THIRUVANANTHAPURAM - 695 027.
    5     THE DISTRICT TRANSPORT OFFICER,
          KERALA STATE ROAD TRANSPORT CORPORATION,
          KOOTHATTUKULAM DEPOT - 686 662.
 WP(C).No.24116 OF 2021

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    6     THE ASSISTANT TRANSPORT OFFICER,
          KERALA STATE ROAD TRANSPORT CORPORATION,
          PALAKKAD DEPOT - 678 014.

          SRI. DEEPU THANKAN - SC, KSRTC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24116 OF 2021

                                     3




                                 JUDGMENT

The petitioner is a driver of Kerala State Road Transport

Corporation (for short 'KSRTC') attached to Koothattukulam

Depot. The petitioner has been transferred to Palakkad by

Ext.P2. The petitioner states that he is unmarried and he has

to look after his aged mother and the transfer would bring

untold hardships to the petitioner. The petitioner states that

he is entitled to the benefit of Clause 9.08 of Ext.P4 transfer

guidelines being a member of the Scheduled Caste

Community. The petitioner has preferred Ext.P6

representation before the 2nd respondent - the Manging

Director of the KSRTC, pointing out the hardships which

would entail him and his family, if he is transferred from

Koothattukulam unit.

2. Heard the learned counsel for the petitioner and

the learned Standing Counsel for the respondents.

3. The learned Standing Counsel for the KSRTC points

out that the petitioner is continuing at Koothattukulam Depot

for many years.

WP(C).No.24116 OF 2021

4. The learned counsel for the petitioner points out

that in the light of Clause 9.08 of Ext.P4 he is entitled to

continue at home station for a period of five years. He

further submits that, his mother is aged and is a Parkinson

patient. Therefore, the limited prayer of the petitioner at this

stage is for a direction to the 2 nd respondent to consider

Ext.P6, within a short period.

Having regard to the facts and circumstances of the

case, there will be a direction to the 2 nd respondent to

consider and pass appropriate orders on Ext.P6

representation submitted by the petitioner, within a period of

six weeks from the date of receipt of a copy of the judgment.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.24116 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF TRANSFER ORDER NO.500/CMD(SPC)/2021/RTC DATED 12.10.2021 WITH ENGLISH TRANSLATION. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE CLAUSE 9.08 OF THE TRANSFER GUIDELINES ISSUED BY THE KSRTC, 2012 ALONG WITH ENGLISH TRANSLATION OF CLAUSE 9.08.

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT FOR THE REPRESENTATION SUBMITTED BEFORE THE 5TH RESPONDENT ALONG WITH THE ENGLISH TRANSLATION.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 15.10.2021 SUBMITTED BEFORE TEH 2ND RESPONDENT.

RESPONDETNS'S EXHIBITS: NIL.