Sunil Joseph vs Kerala State Road Transport ...
2022 Latest Caselaw 7442 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       WP(C) NO. 17491 OF 2022
PETITIONER:

           SUNIL JOSEPH, INSPECTOR, KSRTC, PERUMBAVOOR DEPOT,
           ERNAKULAM DISTRICT.

           BY ADV K.P.RAJEEVAN



RESPONDENTS:

    1      KERALA STATE ROAD TRANSPORT CORPORATION
           REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
           FORT, THIRUVANANTHAPURAM, PIN-695023.

    2      MANAGING DIRECTOR,
           KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
           BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695023.

    3      EXECUTIVE DIRECTOR (VIGILANCE),
           KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
           BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-695023.

    4      ASSISTANT TRANSPORT OFFICER, KSRTC, PERUMBAVOOR DEPOT,
           ERNAKULAM DISTRICT, PIN-683542.

    5      ASSISTANT TRANSPORT OFFICER, KSRTC, MALAPPURAM DEPOT,
           MALAPPURAM DISTRICT, PIN-676505.

           SRI DEEPU THANKAN-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17491 OF 2022
                                2


                            JUDGMENT

The petitioner asserts that certain periods - the dates of

which are mentioned in this writ petition, are entitled to be

treated as regular duty, leading to the grant of service benefits

to him, in the light of Note 4 of Rule 12(7) of Part I of the

Kerala Service Rules (KSR). He says that, as is evident from

Ext.P6, the bill for an amount of Rs.2,24,800/- has been

prepared towards the arrears of salary, but that the same has

not been yet disbursed to him. He submits that he is now

facing extreme financial crisis and that unless this amount is

immediately released, he will put to irreparable prejudice. He

says that he has, therefore, preferred Ext.P5 representation

before the second respondent - Chairman and Managing

Director of the KSRTC and prays that the said Authority be

directed to consider the same and issue appropriate orders

thereon, within a time frame to be fixed by this Court.

2. The afore submissions of Sri.K.P.Rajeevan - learned

counsel for the petitioner, were answered by Smt.Shahanas K.P.

- learned counsel representing the standing counsel for the

KSRTC, saying that if the petitioner only requires Ext.P5 to be

taken up and disposed of by the second respondent appositely, WP(C) NO. 17491 OF 2022

she will not stand in the way of such orders being issued by

this Court; however, praying that this Court may not make any

affirmative declarations as to the entitlement of the petitioner

to any relief and leave it to the competent Authority to take a

decision on it in terms of law.

3. When I consider the afore submissions, it is evident

that the petitioner is impelling a case of extreme requirement

for money and I am, therefore, certain that the second

respondent must take up Ext.P5 and decide on it within the

shortest period of time.

4. Resultantly, I allow this writ petition and direct the

second respondent to take up Ext.P5 representation of the

petitioner, adverting to Ext.P6 bill and after affording him an

opportunity of being heard; thus culminating in an appropriate

order and necessary action thereon, as expeditiously as is

possible, but not later than one month from the date of receipt

of a copy of this judgment.

In order to obtain an expeditious compliance of this

judgment, I direct the petitioner to mark appearance before

the second respondent at 11 A.M. on 01.07.2022, on which day, WP(C) NO. 17491 OF 2022

the said Authority will either hear him or fix a convenient date

for such purpose and complete proceedings within the afore

time frame.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 17491 OF 2022

APPENDIX OF WP(C) 17491/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF ORDER NO.V.L.A1/11848/2017/ (VLC4) DATED 17.11.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 A TRUE COPY OF FITNESS CERTIFICATE DATED 20.9.2017.

Exhibit P3 A TRUE COPY OF QUESTION DATED 18.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER, KSRTC, MALAPPURAM.

Exhibit P4 A TRUE COPY OF INFORMATION DATED 13.12.2021 WITH THE RELEVANT PAGE OF THE INWARD REGISTER DATED 25.9.2017 AND RELEVANT PAGE OF DESPATCH REGISTER DATED 4.10.2017 OF MALAPPURAM DEPOT.

Exhibit P5 A TRUE COPY OF REPRESENTATION DATED 17.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P6 A TRUE COPY OF BILL NO.265 DATED 25.3.2022 BY THE 4TH RESPONDENT FOR AN AMOUNT OF RS. 2,24,800/-.