Kerala High Court
Anto John A.S vs Kerala State Road Transport ... on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TH
WEDNESDAY, THE 6 DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 9466 OF 2021
PETITIONER/S:
ANTO JOHN A.S.,
AGED 42 YEARS
S/O. K.J.ALOSIUS, V.M.COTTAGE, KAMUKINCODE,
KODANGAVILA P.O., THIRUVANANTHAPURAM DISTRICT-
695123.
BY ADV K.G.PRAMOD KUMAR
RESPONDENT/S:
1 KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, K.S.R.T.C.
CHIEF OFFICE, TRANSPORT BHAVAN,
THIRUVANANTHAPURAM-695023.
2 EXECUTIVE DIRECTOR (ADMINISTRATION),
K.S.R.T.C. CHIEF OFFICE, TRANSPORT BHAVAN,
THIRUVANANTHAPURAM-695023.
3 ASSISTANT TRANSPORT OFFICER,
K.S.R.T.C, KALPETTA DEPOT, KALPETTA-673121.
BY ADV DEEPU THANKAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9466 OF 2021
:2:
Dated this the 6th day of October 2021
JUDGMENT
In the present writ petition, the challenge is related to
the Finalisation of Transfer List of Conductors (KSRTC) in
Kalpetta Depot dated 15.2.2021 (Ext.P9) on various
grounds. Considering the aforementioned fact, this court
on 9.4.2021, issued notice to the respondents.
2. The standing counsel for the KSRTC submitted
that it would be a farcical exercise in arguing the matter as
subsequent events have taken place, by virtue of a list dated
16.9.2021 final order for transfer was passed. But as there
was some leakage, vide order dated 20.9.2021 it was
ordered to be treated as a draft order. The name of the
petitioner must have figured in that list. At this stage, this
court called upon the counsel to apprise whether the name
of the petitioner is included in the list of 16.9.2021 and the
answer was positive, in the sense, in the same place where
he intended to be transferred. But since there was a leakage
and a caveat vide notice dated 20.9.2021, all the applicants
WP(C) NO. 9466 OF 2021
were asked to give the names and the objections in case
their names are not included or vis-à-vis the place, before
25.9.2021 and the decision thereon, would be taken on
12.10.2021. In this view of the matter, I am of the view
that the grievance of the petitioner no longer subsists in the
present Writ petition in view of the subsequent events by
virtue of list dated 16.9.2021, though the copy of which has
not been placed on record. The Writ Petition is accordingly
disposed of. However, liberty is granted to assail if any
grievance subsists.
SD
AMIT RAWAL, JUDGE.
dl/
WP(C) NO. 9466 OF 2021
APPENDIX OF WP(C) 9466/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C)
32971/2018 DATED 19.12.2019.
EXHIBIT P2 TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C)
3624/2021 DATED 12.3.2021.
EXHIBIT P3 TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 30.12.2019 SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P4 TRUE PHOTOCOPY OF APPLICATION FOR
TRANSFER DATED 26.6.2020 SUBMITTED
BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE PHOTOCOPY OF JUDGMENT IN WP(C)
568/2021 DATED 29.1.2021.
EXHIBIT P6 TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 1.2.2021 SUBMITTED BEFORE THE 3RD
RESPONDENT.
EXHIBIT P7 TRUE PHOTOCOPY OF THE TRANSFER NORMS AS
PER ANNEXURE -IV OF THE BIPARTITE
AGREEMENT 2012 BETWEEN THE K.S.R.T.C.
MANAGEMENT AND EMPLOYEES' UNIONS.
EXHIBIT P8 TRUE PHOTOCOPY OF THE PROFORMA, BY
WHICH THE TRANSFER APPLICATIONS FROM
KALPETTA DEPOT WERE FORWARDED.
EXHIBIT P9 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF
THE FINALISED TRANSFER LIST OF
CONDUCTORS IN KALPETTA DEPOT DATED
15.2.2021 PUBLISHED BY THE 1ST
RESPONDENT.
WP(C) NO. 9466 OF 2021
EXHIBIT P10 TRUE PHOTOCOPY OF THE MODIFIED TRANSFER
LIST DATED 22.2.2021 PUBLISHED BY THE
1ST RESPONDENT.
EXHIBIT P11 TRUE PHOTOCOPY OF MEDICAL CERTIFICATE
DATED 23.12.2020.
