Kerala High Court
Suresh. T vs Kerala State Road Transport ... on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA,
1944
WP(C) NO. 41455 OF 2022
PETITIONER:
SURESH. T
AGED 50 YEARS
S/O. PRABHAKARAN, SUJA MANDIRAM, WEST VILLAGE,
PERINKULAM, ALATHUR, PALAKKAD-678542.
BY ADV P.R.VENKATESH
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT, PAZHAVANGADI,
THIRUVANANTHAPURAM-695023
REPRESENTED BY THE MANAGING DIRECTOR.
2 DISTRICT TRANSPORT OFFICER,
OFFICE OF THE DISTRICT TRANSPORT OFFICER,
PALAKKAD - 678001.
3 CHIEF EXECUTIVE DIRECTOR (A),
CHIEF OFFICE, TRANSPORT BHAVAN, EAST FORT,
PAZHAVANGADI, THIRUVANANTHAPURAM-695023.
SRI.DEEPU THANKAN -SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.41455/22
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JUDGMENT
The petitioner seeks that Ext.P3 application, wherein he
has sought for change of category from the post of Conductor
to that of Peon/Store Keeper/Pump Operator/Guard, be
considered forthwith.
2. The petitioner contends that, on account of the
injury which he has sustained, he ought to have been granted
a lighter duty, but that the Kerala State Road Transport
Corporation (KSRTC) had not done so for about twenty two
days; and thus that he now faces the predicament of loosing
salary for this month.
3. The afore submissions of Sri.Rejitha Rajan - learned
counsel for the petitioner, were answered by Sri.Deepu
Thankan - learned Standing Counsel for the KSRTC, saying that
Ext.P3 can be considered, however, following due procedure.
He explained that, a committee has been constituted to
consider various other applications and that the petitioner's
case will also be considered in terms of the applicable Rules
and Regulations.
4. As regards the break of service which the petitioner
W.P (C) No.41455/22
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is now citing, Sri.Deepu Thankan submitted that, if he makes a
proper application, based on medical records, same can also
be considered by the competent Authority; but prayed that this
Court may not make any affirmative declarations in his favour
at this stage.
5. When I consider the afore submissions, it is clear
that the petitioner's application, namely Ext.P3, requires to be
considered without any delay, however, in terms of law.
In the afore circumstances, I allow this writ petition, with
the following directions:
a) The competent Authority of the KSRTC will consider
Ext.P3, after affording necessary opportunity of being heard
and of producing substantiating documents, to the petitioner,
as expeditiously as is possible.
b) Until such time as the petitioner is favoured with
respect to Ext.P3, present lighter/alternative duty given to him
shall be continued.
c) The petitioner will be at liberty to make an
application with respect to the twenty two days when he was
allegedly kept out of service, before the competent Authority;
W.P (C) No.41455/22
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who will then consider it, after hearing him, based on medical
records, thus leading to an apposite decision thereon, as
expeditiously as is possible, but not later than two weeks from
the date on which such request is received.
Sd/-
DEVAN RAMACHANDRAN ,
JUDGE
ACR
W.P (C) No.41455/22
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APPENDIX OF WP(C) 41455/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DISCHARGE SUMMARY
ISSUED BY THE GANGA MEDICAL CENTRE &
HOSPITAL PVT. LTD.
Exhibit P2 TRUE COPY OF THE DISABILITY
CERTIFICATE DATED 15.2.2022 BY THE
TALUK HEADQUARTERS HOSPITAL, ALATHUR.
Exhibit P3 TRUE COPY OF APPLICATION SUBMITTED
BEFORE THE KSRTC SEEKING CHANGE OF
CATEGORY ALONG WITH ENCLOSING LETTER
DATED 12.05.2020.
Exhibit P4 TRUE COPY OF THE ORDER DATED 16.5.2022
ISSUED BY THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE ORDER DATED 21.7.2022
ISSUED BY THE ASST TRANSPORT OFFICER,
PALAKKAD.
Exhibit P6 TRUE COPY OF EXTENSION ORDER DATED
30.8.2022 FROM THE 2ND RESPONDENT FOR
A PERIOD OF 3 MONTHS W.E.F. 27.8.2022.
