General Secretary vs The Kerala State Road Transport ...
2022 Latest Caselaw 11354 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. 32964 OF 2015
PETITIONER/S:

        HARIDAS V.V.
        GENERAL SECRETARY,
        THE KERALA STATE ROAD TRANSPORT
        EMPLOYEES WELFARE ASSOCIATION,
        REPRESENTED BY ITS GENERAL SECRETARY,
        PANCHAVADI BUILDING, MAYTHANI MARKET P.O.,
        CEHRTHALA, ALAPPUZHA DISTRICT-688 539.

        BY ADVS.
        SRI.JOHNSON MANAYANI
        SRI.BENHUR JOSEPH MANAYANI
        SRI.JEEVAN MATHEW MANAYANI
RESPONDENT/S:

   1    THE KERALA STATE ROAD TRANSPORT CORPORATION
        REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
        KSRTC, FORT, THIRUVANANTHAPURAM-695 023

   2    SECRETARY TO GOVERNMENT
        TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
        THIRUVANANTHAPURAM-695 001.

   3    THE GENERAL SECRETARY
        KSRTC EMPLOYEES ASSOCIATION (CITU),
        RG.NO.40/67, AZHIKODAN MEMORIAL BUILDINGS,
        MANJALIKULAM ROAD, THAMPANOOR,
        TRIVANDRUM-695 014.

   4    THE GENERAL SECRETARY
        TRANSPORT DEMOCRATIC FEDERATION,
        VARADARAJAN SMARAKA MANDIRAM, MANJALIKULAM ROAD,
        THAMPANOOR, TRIVANDRUM-695 014.

        BY ADV.
        SRI.DEEPU THANKAN,SC, KSRTC
        SRI. JOBY JOSEPH, SR. GOVERNMENT PLEADER-R2


     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).32964/2015
                                         2



                              JUDGMENT

Dated this the 2nd day of December, 2022

This petition is filed by the petitioner seeking the following

reliefs:

"(i) Call for the records of the case and issue a writ of certiorari quashing Ext.P4;

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1 st respondent to pay same salary and allowances and to extend the same service conditions to the empanelled conductors and drivers on par with the regularly appointed conductors and drivers depending on their length of service;

(ii) Issue a writ of mandamus or any other appropriate direction directing the 1st respondent to dispose of Exhibit P6 representation submitted by the petitioner in accordance with law;

(iv) Pass an ad-interim order directing the 1 st respondent to pay similar salary, allowances and to pass an ad-interim order directing the 1st respondent to pay same salary and allowances and to extend the same service conditions to the empanelled conductors and drivers depending on the length of service with effect from 1st October, 2015; (V) Declare that the empanelled conductors and drivers are eligible to get the same salary and allowances and same W.P(C).32964/2015

Conditions of service as is admissible to conductors and drivers appointed against permanent post based on their length of service and the difference in the wages paid and payable for the entire period of work of all employees be paid to all employees immediately."

On this day, when the matter is taken up for consideration,

learned counsel for the petitioner submitted that the matter has

become infructuous. Accordingly the writ petition is dismissed as

infructuous.

Sd/-

Shaji P. Chaly, Judge sou.