A.S.Mohammed Ali vs Kerala State Road Transport ...
2022 Latest Caselaw 11192 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA,
                                1944
                    WP(C) NO. 12494 OF 2014
PETITIONER/S:

            A.S.MOHAMMED ALI
            S/O.SIDDIK, WORKING AS DRIVER GR.II, KERALA STATE
            ROAD TRANSPORT CORPORATION, KOTHAMANGLAM AND
            RESIDING AT ALAKKOTTIL HOUSE, VANNAPPURAM P.O.,.
            KOLATHANI, THODUPUZHA, IDUKKI DISTRICT.
            BY ADV SRI.N.UNNIKRISHNAN


RESPONDENT/S:

    1       KERALA STATE ROAD TRANSPORT CORPORATION
            TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695
            023, REPRESENTED BY CHAIRMAN AND MANAGING
            DIRECTOR.
    2       THE CHIEF LAW OFFICER IN CHARGE OF EXECUTIVE
            DIRECTOR VIGILANCE
            KERALA STATE ROAD TRANSPORT CORPORATIONTRANSPORT
            BHAVAN, FORT, THIRUVANANTHAPURAM-695 023
    3       THE ASSISTANT TRANSPORT OFFICER,
            KERALA STATE ROAD TRANSPORT CORPORATION,
            KOTHAMANGALAM DEPOT, ERNAKULAM DISTRICT-686 691.
    4       THE ASSISTANT TRANSPORT OFFICER,
            KERALA STATE ROAD TRANSPORT CORPORATION,
            PAPPANAMCODE DEPOT, THIRUVANANTHAPURAM-695 018.
            BY ADV SRI. BABU JOSEPH KURUVATHAZHA,SC,KSRTC


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   02.12.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 12494 of 2014
                                        -2-




                              JUDGMENT

This writ petition is filed by the petitioner seeking the following

reliefs originally:-

"i) Call for the records leading to impugned Exhibit P7 order and records leading to it including the order on which it is issued;

ii) Declare that Exhibit-P7 and order leading to it are unsustainable in the eyes of law;

iii) Issue a Writ of Certiorari or appropriate writ or order or direction quashing Exhibit-P7 and connected order and records;

iv) Declare and direct that the petitioner is entitled to continue at Kothamangalam depot under the 3rd respondent till finalization of disciplinary proceedings;

v) Issue a Writ of Mandamus or appropriate writ or order or direction to the respondent to retain the petitioner under 3 rd respondent till finalization of disciplinary proceedings."

2. Subsequently, the writ petition was amended consequent to

certain developments that have taken place during the pendency of the

writ petition. The amended reliefs sought for by the petitioner are as W. P. (C) No. 12494 of 2014

follows:-

"i) Call for the records leading to impugned Exhibit P7 order and records leading to it including the order on which it is issued;

ii) Declare that Exhibits - P7 and P8 are unsustainable in the eyes of law;

iii) Issue a Writ of Certiorari or appropriate writ or order quashing Exhibits -P7 and P8;

iv) Declare and direct that the petitioner is entitled to continue at Kothamangalam depot under the 3rd respondent till finalization of disciplinary proceedings;

v) Issue a Writ of Mandamus or appropriate writ or order or direction to the respondent to retain the petitioner under 3 rd respondent till finalization of disciplinary proceedings."

3. Subject issue relates to transfer of the petitioner from

Kothamangalam to Pappanamcod. When the writ petition was

admitted to the files of this Court, on 16.05.2014, an interim order was

passed by this Court that if the petitioner has not been relieved from

Kothamangalam, he shall be permitted to continue there for a period of

four weeks. Later on 03.06.2014 the following order is passed:- W. P. (C) No. 12494 of 2014

"Despite several adjournments no counter affidavit is seen filed. It is submitted by learned counsel for the petitioner that, inspite of specific order issued by this court on 16-05-2014 to permit the petitioner to continue at Kothamangalam, he was not admitted to duty, stating the reason that he was already relieved prior to the receipt of the copy of said order.

2. Admit.

Standing counsel for respondents will file counter affidavit if any within 2 weeks.

Meanwhile the petitioner shall be permitted to join duty at Kothamangalam Depot and shall be allowed to continue there until further orders."

4. Therefore it can be seen that from 2014 onwards, the

petitioner is continuing in Kothamangalam by virtue of the interim

orders granted by this Court. Now eight years have elapsed.

5. Learned counsel for the petitioner submitted that the KSRTC

has not filed a counter affidavit so that the interim order may be made

absolute.

6. I have heard Sri. N. Unnikrishnan for the petitioner and

perused the pleadings and material on record. W. P. (C) No. 12494 of 2014

7. Now it is trite that a transfer is an incidence of service and

normally a transfer order is not interfered with by courts exercising the

powers under Article 226 of the Constitution of India. Whatever that

be, an interim order was granted by this Court and by virtue of it,

petitioner is continuing in service at Kothamangalam for the past eight

years.

In that view of the matter, I dispose of the writ petition making it

clear that the KSRTC would be at be liberty to take appropriate

decision, in accordance with law.

Sd/-

SHAJI P. CHALY JUDGE

Eb

///TRUE COPY/// P. A. TO JUDGE W. P. (C) No. 12494 of 2014

APPENDIX OF WP(C) 12494/2014

PETITIONER ANNEXURES EXHIBIT P1 A TRUE COPY OF THE STATEMENT DATED 13/2/2014 SUBMITTED BY THE PETITIONER TO THE INSPECTOR KSRTC, SRI.K.J.BERLY. EXHIBIT P2 A TRUE COPY OF THE MEMORANDUM NO.E2/000004/14/VKBN DATED 23/4/2004 BY THE ATO, KSRTC, VIKAS BHAVAN.

EXHIBIT P3 A TRUE COPY OF MEMO NO.E1-1129/2014/KMGM DATED 25/4/2014 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DTD 9/5/2014 FILED BEFORE THE 1ST RESPONDENT EXHIBIT P5 A TRUE COPY OF ANNEXURE-V OF MEMORANDUM OF SETTLEMENT, 1999.

EXHIBIT P6 A TRUE COPY OF ANNEXURE-IV OF MEMORANDUM OF SETTLEMENT, 2012.

EXHIBIT P7 A TRUE COPY OF MEMO NO.E2-845/KMG DATED 2/5/2014.

EXHIBIT P8 A TRUE COPY OF MEMORANDUM NO.PL/13/01354/14 DATED 30.04.2014 ISSUED BY MANAGER ACCOUNTS IN CHARGE OF EXECUTIVE DIRECTOR (ADMINISTRATION)