Kerala High Court
Baiju. P.S vs The Kerala State Road Transport ... on 29 October, 2021
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. 23127 OF 2021
PETITIONER:
G.S. HAREESH KUMAR
AGED 49 YEARS
S/O. M.GOPI, ROSE HILL, KOCHALAMMODU,
MADAVOOR P.O., TRIVANDRUM-695602.
BY ADV K.DILIP
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN-695001,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 CHAIRMAN AND MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN-695001.
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION),
THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, TRIVANDRUM-695001.
4 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
KILIMANOOR DEPOT, TRIVANDRUM DISTRICT, PIN-695601.
SRI DEEPU THANKAN SC KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, ALONG WITH WP(C).23118/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)NOs.23127/2021 & 23118/2021
2
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. 23118 OF 2021
PETITIONER:
BAIJU. P.S
AGED 47 YEARS
S/O N PARAMESWARAN NAIR, THEERTHAM, AARAMTHANAM,
VAMANAPURAM P.O., THIRUVANANTHAPURAM
BY ADV K.DILIP
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, THIRUVANANHTAPURAM, PIN-695 001,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 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,
TRIVANDRUM-695 001.
4 THE ASSISTANT TRANSPORT OFFICER,
THE KERALA STATE ROAD TRANSPORT CORPORATION,
KILIMANOOR DEPOT,
TRIVANDRUM DISTRICT, PIN-695 601.
SRI DEEPU THANKAN SC KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, ALONG WITH WP(C).23127/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)NOs.23127/2021 & 23118/2021
3
JUDGMENT
[WP(C) Nos.23127/2021, 23118/2021]
Petitioners have challenged the order of transfer Ext.P1
dated 12.10.2021 whereby they have been transferred from
Kilimanoor depot to Ponkunnam depot at Thrissur district. It
has been alleged that both the petitioners have joined as
Conductor at KSRTC. They were working at Vaikom Depot
and has got transferred to Kilimanoor Depot in Trivandrum in
the year 2012 via General Transfer Order issued by the 1 st
respondent. Detailed objections Ext.P2 have been submitted
alleging that the respondents has transferred the petitioners
to a place which far away from the present employment.
Thereafter the petitioners again transferred to Ponkunnam at
Thrissur Depot as per new Transfer Order dated 12.10.2021.
2. Mr.Deepu Thankan, learned Standing Counsel for
the KSRTC submitted that nobody can retain in the same
station for an infinite period.
3. I have heard counsel for the parties and appraised
the paper books and am of the view there is no force and
merit in the submissions. Transfer is a totally administrative
WP(C)NOs.23127/2021 & 23118/2021
action and decision taken by the department considering the
facts. Court can only interfere when there is some
jurisdictional errors or smacks of malafides, arbitrariness or
unreasonableness. I do not find any illegality or jurisdictional
error in the order of transfer.
These writ petitions stand dismissed.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C)NOs.23127/2021 & 23118/2021
APPENDIX OF WP(C) 23118/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF THE
GENERAL TRANSFER LIST NO
500/CMD(SPC)2021/RTC DATED 12.10.2021
Exhibit P1(A) ENGLISH TRANSLATION OF EXT P1 DATED
12.10.2021
Exhibit P2 A TRUE COPY OF THE OBJECTION SUBMITTED
BY THE PETITIONER DATED 16.10.2021
Exhibit P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE
DISTRICT TRANSPORT OFFICER KSRTC
KILIMANOOR DATED 16.10.2021
Exhibit P4 ENGLISH TRANSLATION OF EXT P3 RECEIPT
Exhibit P5 A TRUE COPY OF THE INTERIM ORDER IN WPC
NO 225152 OF 2021 DATED 21.10.2021
WP(C)NOs.23127/2021 & 23118/2021
APPENDIX OF WP(C) 23127/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF THE
GENERAL TRANSFER LIST
NO.500/CMD(SPC)/2021/RTC DATED
12.10.2021.
Exhibit P1(A) ENGLISH TRANSLATION OF EXT.P1 DATED
12.10.2021.
Exhibit P2 A TRUE COPY OF THE OBJECTION SUBMITTED
BY THE PETITIONER DATED 16.10.2021.
Exhibit P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE
DISTRICT TRANSPORT OFFICER, KSRTC,
KILIMANOOR DATED 16.10.2021.
Exhibit P4 ENGLISH TRANSLATION OF EXT.P3 RECEIPT.
Exhibit P5 A TRUE COPY OF THE INTERIM ORDER IN
WP(C) NO.22515 OF 2021 DATED 21.10.021.
