Kerala High Court
Praveen S vs Kerala State Road Transport ... on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 23rd day of September 2021 / 1st Aswina, 1943
WA NO. 1047 OF 2021
AGAINST JUDGMENT DATED 11.08.2021 IN WP(C) 2161/2020 OF THIS COURT.
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APPELLANTS/PETITIOENRS:
1.PRAVEEN S.,S/O.SREEDHARAN N., ANJALI BHAVANAM, WEST KALLADA P. O.,
SASTHAMCOTTA, KOLLAM-691500.
2.VASUDEVAN O.,S/O.KORU O., SNEHAMRITHAM, KATAMPAZHIPURAM.P.O.,
PALAKKAD-678633.
3.SUNIL KUMAR A. K.,S/O.SANKARAN, ACHIDOOLI HOUSE, AVIDANALLUR P.O.,
NEDUVANNUR VIA, KOZHIKODE-673614.
BY ADVS.M/S.KALEESWARAM RAJ, VARUN C.VIJAY & MAITREYI S.HEGDE
RESPONDENTS/RESPONDENTS:
1.KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAWAN,
FORT, THIRUVANANTHAPURAM-695023.
2.MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAWAN, FORT, THIRUVANANTHAPURAM-695023.
P.T.O.
3.KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,
PATTOM, THIRUVANANTHAPURAM-695004.
BY SRI.DEEPU THANKAN, STANDING COUNSEL FOR R1 & R2.
SRI.P.C.SASIDHARAN, STANDING COUNSEL FOR R3.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the 2nd respondent to provisionally report 223 vacancies to the
3rd respondent in the post of Guard Grade II (Ex-Servicemen only) so as to
reach the report to the 3rd respondent before 15.08.2021.
This Writ Appeal again coming on for orders on 23.09.2021 upon
perusing the appeal memorandum and this Court's orders dated 13.08.2021
and 02.09.2021, the court on the same day passed the following:
P.T.O.
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
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W.A. No.1047 of 2021
[arising out of the judgment dated 11.08.2021 in W.P.(C) No.2161/2020]
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Dated this the 23rd day of September, 2021
ORDER
Based on the affidavit filed by the respondent officer in this
appeal, Con. Case (C) No.1500/2021, filed by the appellants herein,
alleging non-compliance of the directions in the interim order
dated 13.08.2021 in the above writ appeal has already been closed
by this Court as per a separate judgment rendered by us today
(23.09.2021). Hence, no further action in pursuance of the order
dated 02.09.2021 is necessary in this case.
2. The respondent-Kerala State Road Transport
Corporation (KSRTC) will file a detailed counter affidavit in this
writ appeal showing the reasons to justify their stand that regular
recruitment cannot be made even to a single post in the cadre of
Guard Grade-II, the reasons why they had chosen to make
contractual appointment in the same category of post, the pay and
allowance paid to the contract employee, and also as to the
applicability of the dictum laid down by the Division Bench of this
Court in Biju v. Jashna [2021 (2) KLT 548 (DB)], etc. The Profit &
Loss Account of the KSRTC for the last 5 years and the steps taken for
restructuring in the KSRTC may also be duly explained. The affidavit
shall be personally sworn to by the incumbent holding the post of
Managing Director of the respondent KSRTC within 6 weeks. The
petitioner may file reply thereto within 2 weeks thereafter.
List the case on 25.11.2021.
Hand Over copies of this order to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
A. BADHARUDEEN,
JUDGE
Skk//23092021
23-09-2021 /True Copy/ Assistant Registrar
