Satheesh M vs The Kerala State Road Transport ...
2021 Latest Caselaw 21271 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                       WP(C) NO. 23452 OF 2021
PETITIONERS:

    1     SATHEESH M.,
          S/O. MUTHU, DRIVER-GRADE-I,
          THE KERALA STATE ROAD TRANSPORT CORPORATION,
          VADAKKANCHERRY DEPOT, RESIDING AT ACHATHUPADI HOUSE,
          PUTHIRITHARA, PAZHAYANNUR,
          THRISSUR DISTRICT, PIN 680 587.

    2     SUNDARAN C,
          S/O. CHEERAMBAN, DRIVER-GRADE-II,
          THE KERALA STATE ROAD TRANSPORT CORPORATION,
          VADAKKENCHERRY DEPOT, RESIDING AT THRITHODU HOUSE,
          VANDAZHI P.O, PALAKKAD, PIN 678 706.

    3     KRISHNAN,
          S/O. CHAMI, DRIVER-GRADE-II,
          THE KERALA STATE ROAD TRANSPORT CORPORATION,
          VADAKKENCHERRY DEPOT, RESIDING AT PANJAMPARAMBIL HOUSE,
          AYAKKAD, KANNAMBRA, PALAKKAD, PIN 678 683.

    4     KRISHNANKUTTY K,
          S/O. KUNJAN K, DRIVER -GRADE-II,
          THE KERALA STATE ROAD TRANSPORT CORPORATION,
          VADAKKENCHERRY DEPOT, RESIDING AT ODUKOOR HOUSE,
          CHITTADI P.O, PALAKKAD, PIN 680 706.

    5     KRISHNAKUMAR R.,
          S/O. RAMAN, DRIVER-GRADE-II,
          THE KERALA STATE ROAD TRANSPORT CORPORATION,
          VADAKKENCHERRY DEPOT, RESIDING AT POONATHUTHODI HOUSE,
          PUTHIRITHARA, PAZHAYANNUR, THRISSUR, PIN 680 587.

    6     JACOB M.V,
          S/O. VARGHESE, DRIVER-GRADE-II,
          THE KERALA STATE ROAD TRANSPORT CORPORATION,
          VADAKKENCHERRY DEPOT, RESIDING AT MALIYEKKAL HOUSE,
          PANTHALLUR, CHATHAMANGALAM, NENMARA,
          PALAKKAD, PIN 678 508.

    7     MERANKUTTY,
          S/O. KOYAKUTTY, DRIVER-GRADE-II,
          THE KERALA STATE ROAD TRANSPORT CORPORATION,
 WP(C) NO. 23452 OF 2021
                            2

         VADAKKANCHERRY DEPOT, RESIDING PERUMKOORA,
         VANDAZHI P.O, PALAKKAD, PIN -678 706

    8    SHYJU V. JOSE,
         S/O. JOSEPH, DRIVER-GRADE-II, THE KERALA STATE
         ROAD TRANSPORT CORPORATION, VADAKKANCHERRY DEPOT,
         RESIDING AT VADAKKEPARAMBIL HOUSE, OLIMAKADAVU,
         PONKANDAM, PALAKKAD, PIN 678 706.

    9    BINU K.S,
         S/O. SUNDARAN, DRIVER-GRADE-II, THE KERALA STATE
         ROAD TRANSPORT CORPORATION, VADAKKANCHERRY DEPOT,
         RESIDING AT KOLLAMMALAYIL HOUSE, KAIRARI P.O,
         KODIKKARAMBU, PALAKKAD, PIN 678 510.

   10    VARGHESE K.J,
         S/O. JOSEPH, DRIVER-GRADE-II, THE KERALA STATE
         ROAD TRANSPORT CORPORATION, VADAKKANCHERRY DEPOT,
         RESIDING AT KANDANALIL HOUSE, PANNIYAMKARA P.O,
         PALAKKAD, PIN 678 683.

   11    JOSHY K.K,
         S/O. KURIAKOSE, DRIVER-GRADE-II, THE KERALA STATE
         ROAD TRANSPORT CORPORATION, VADAKKANCHERRY DEPOT,
         RESIDING AT KOLLARMALIL HOUSE, ELAVUMPADAM P.O,
         PALAKKAD, PIN 678 684.
         BY ADV O.D.SIVADAS


RESPONDENT/S:

    1    THE KERALA STATE ROAD TRANSPORT CORPORATION,
         TRANSPORT BHAVAN, THIRUVANANTHAPURAM , 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 EXECUTIVE DIRECTOR (ADMINISTRATION),
         THE KERALA STATE ROAD TRANSPORT CORPORATION,
         TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN 695 001.

    4    THE DISTRICT TRANSPORT OFFICER,
         THE KERALA STATE ROAD TRANSPORT CORPORATION
 WP(C) NO. 23452 OF 2021
                                  3

           ,PALAKKAD DISTRICT, PIN 678 001.


           SRI DEEPU THAKAN SC KSRTC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.10.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 23452 OF 2021
                                       4


                                   JUDGMENT

Petitioners are drivers of the Kerala Road Transport

Corporation attached to the Vadakkencherry Depot and are

aggrieved of the transfer order dated 12.10.2021 issued by the

2nd respondent.

2. Sri.O.D.Sivadas, learned counsel appearing on behalf

of the petitioners submitted that the petitioners were never

included in the draft list but in the general transfer order

published in September, 2021 their names were included.

Detailed representation/objections Exts.P6(a) to P6(j) was

submitted reflecting the number of employees on work-

arrangement who are working in the Vadakkenchery depot and

had they been assigned to their parent depot at Palakkad, the

petitioners could not have been transferred. The same was not

considered and therefore there is irrationality in the order of

transfer. It is also contended that the distance between

Vadakkenchery and Palakkad is 40 kms.

3. Sri.Deepu Thankan appears for the Kerala State Road

Transport Corporation. Opposed the aforementioned argument

and submits that the distance is only 28 Kms and almost all the WP(C) NO. 23452 OF 2021

petitioners have been working at Vadakkenchery for more than

three years. Transfer is a complete administrative matter; and

being the first transfer for almost all the petitioners, it cannot be

challenged.

4. I have heard the learned counsel for the parties and

appraised the paper book.

5. It is settled law that transfer is purely administrative

matter as it depends upon the exigency of service; even

otherwise all the petitioners, either from the date of their

appointment or after having rendered a small period somewhere

else, have been working at Vadakkenchery. This is a first transfer

and cannot continue to work in the place of appointment for

infinite period. I do not find any irrationality in the order of the

transfer. Writ petition sans merit and accordingly, dismissed.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 23452 OF 2021

APPENDIX OF WP(C) 23452/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF THE TRANSFER GUIDELINES PRESCRIBED AS PER THE BY PARTE SETTLEMENT WITH TRANSLATION.

Exhibit P2 TRUE COPY OF THE JUDGMENT W.P. C NO.

5073 OF 2021 DATED 17.03.2021 AND CONNECTED CASES RENDERED BY THIS HON'BLE COURT.

Exhibit P3 TRUE PROCEEDINGS DATED 14.09.2021 ISSUED BY THE 2ND RESPONDENT DATED 14.09.2021 WITH TRANSLATION.

Exhibit P4 TRUE COPY OF THE PROCEEDING ISSUED BY THE 2ND RESPONDENT DATED 20.09.2021 WITH TRANSLATION.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 30.09.2021 IN W.P.C NO. 19906 OF 2021 RENDERED BY THIS HON'BLE COURT.

Exhibit P6 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST PETITIONER DATED 17.09.2021 WITH TRANSLATION.

Exhibit P6(A) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 2ND PETITIONER DATED 23.09.2021 WITH TRANSLATION.

Exhibit P6(B) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 3RD PETITIONER DATED 23.09.2021 WITH TRANSLATION.

Exhibit P6(C) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 4TH PETITIONER DATED 23.09.2021 WITH TRANSLATION.

Exhibit P6(D) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 5TH PETITIONER DATED 23.09.2021 WITH TRANSLATION.

Exhibit P6(E) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 6TH PETITIONER DATED 23.09.2021 WITH TRANSLATION.

Exhibit P6(F) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 7TH PETITIONER DATED 17.09.2021 WITH TRANSLATION.

Exhibit P6(G) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 8TH PETITIONER DATED 23.09.2021 WITH WP(C) NO. 23452 OF 2021

TRANSLATION.

Exhibit P6(H) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 9TH PETITIONER DATED 23.09.2021 WITH TRANSLATION.

Exhibit P6(I) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 10TH PETITIONER DATED 23.09.2021 WITH TRANSLATION.

Exhibit P6(J) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 11TH PETITIONER DATED 23.-90.2021 WITH TRANSLATION.

Exhibit P7 TRUE COPY OF THE LIST OF DRIVERS WORKING AT VADAKENCHERRY DEPOT ON WORKING ARRANGEMENT.

Exhibit P8 TRUE COPY OF THE RELEVANT PORTION OF THE PROCEEDING DATED 12.10.2021 ISSUED BY THE 2ND RESPONDENT WITH TRANSLATION.