K.V.Anilkumar vs The Kerala State Road Transport ...
2021 Latest Caselaw 20909 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE AMIT RAWAL
         Wednesday, the 6th day of October 2021 / 14th Aswina, 1943
                         WP(C) NO. 20840 OF 2021(D)
PETITIONER:

     K.V.ANILKUMAR,DRIVER - GRADE - I, THE KERALA STATE ROAD TRANSPORT
     CORPORATION, KOTHAMANGALAM DEPOT, ERNAKULAM DISTRICT, RESIDING AT
     THANDASSERY, PINAVOORKUDY, URULUTHANNI, ERNAKULAM DISTRICT.

RESPONDENTS:

  1. THE KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT BHAVAN,
     THIRUVANANTHAURAM, PIN-695 001, REPRESENTED BY ITS MANAGING
     DIRECTOR.
  2. THE CHAIRMAN AND MANAGING DIRECTOR, THE KERALA STATE ROAD TRANSPORT
     CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN-695 001.
  3. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT
     CORPORATION, KOTHAMANGALAM DEPOT, ERNAKULAM DISTRICT, PIN-686 691.

     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay Ext.P4 and P5 proceeding and also direct the 2nd and 3rd
respondents to permit the petitioner to continue at Kothamangalam depot,
pending disposal of the Writ Petition (Civil).

     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.O.D.SIVADAS, Advocate for the petitioner and of SRI.DEEPU THANKAN,
STANDING COUNSEL for the respondents, the court passed the following:
               TRUE COPY OF THE RELEVANT PORTION OF THE DATED
Exhibit P2   15.02.2021 ISSUED BY THE 2ND RESPONDENT WITH
             TRANSLATION.
             TRUE COPY OF THE PROCEEDING ISSUED BY THE 2ND
Exhibit P4
             RESPONDENT DATED 20.9.2021.
             TRUE COPY OF THE PROCEEDING ISSUED BY THE 3RD
Exhibit P5
             RESPONDENT DATED 22.9.2021 WITH TRANSLATION.
                           AMIT RAWAL, J.
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                     W.P.(C) No.20840 of 2021
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             Dated this the 6th day of October, 2021

                               ORDER

Inter-alia, contends that the petitioner, Driver(Grade-

1) who was earlier posted at Kothamangalam was transferred to Attingal, vide proceedings dated 15.2.2021. Being aggrieved by the transfer order, the petitioner approached this Court and vide judgment dated 17.3.2021 it was directed to consider the individual objections by the parties. On the basis of the said judgment, vide memo dated 14.9.2021 (Ext.P2), he was relieved from Attingal and joined at Kothamangalam depot. In the meantime, Ext.P2 was kept in abeyance. Vide memo dated 22.9.2021 (Ext.P5), the petitioner was again directed to report Attingal depot. The petitioner is unnecessary made to suffer, as he is not permitted to continue the work at the place of transfer.

Issue notice before admission.

Adv.Shri Deepu Thankan, the standing counsel takes notice for the respondents.

W.P.(C) No.20840 of 2021

It is made clear that the status-quo with regard to the petitioner being transferred to Kothamangalam depot will continue. The petitioner is permitted to continue the work at Kothamangalam depot till the disposal of the Writ Petition.

Post on 1.12.2021. Counter if any, in the meantime. The respondents are at liberty to come out with the final list and objections as already indicated.

Sd/-

AMIT RAWAL, JUDGE.

dl/

06-10-2021 /True Copy/ Assistant Registrar