T.S.Girija vs Kerala State Road Transport ...
2022 Latest Caselaw 7798 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       WP(C) NO. 17546 OF 2022
PETITIONER:

            T.S.GIRIJA, AGED 54 YEARS, W/O. K.E.UNNI,
            SUPERINTENDENT, KSRTC THRISSUR UNIT, THRISSUR - 680
            101, RESIDING AT KUNNAPPILLIL HOUSE, RAMAVARMAPURAM
            P.O., VILLADAM, THRISSUR - 680 631.

            P.NANDAKUMAR
            AMRUTHA SANJEEV



RESPONDENTS:

    1       KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC)
            REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
            TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM -695 023.

    2       THE CHAIRMAN & MANAGING DIRECTOR,
            KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
            BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023.

    3       THE EXECUTIVE DIRECTOR (ADMINISTRATION & VIGILANCE),
            KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
            BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023 .

            SRI.DEEPU THANKAN-SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17546 OF 2022
                                 2


                              JUDGMENT

The petitioner assails Ext.P5 on various grounds, but

primarily that it has been issued without offering her an

opportunity of being heard; thus putting her to great detriment,

by revising her earlier promotion to a date nearly three years

after it was actually granted to her.

2. Sri.P.Nandakumar - learned counsel for the petitioner,

pointed out that, even going by the conceded position, the date

of promotion of his client could have been, at the best, altered

to 22.07.2007 instead of 14.07.2007; but that, perhaps due to

clerical error or such other, it has been now shown in Ext.P5 to

be with effect from only 22.07.2010. He contended that,

therefore, Ext.P5 is in error and prayed that it be set aside.

3. In response, Smt.Umul Fidha - learned counsel

representing the learned standing counsel for the KSRTC,

submitted that she has no instructions whether Ext.P5 has been

issued in error, but that going by its contents, it does not

appear to be so. She, however, added that if this Court is so

inclined, the competent Authority can hear the petitioner, as

also other affected persons, and take a decision on her effective

date of promotion, so that the controversy can be given a

quietus.

WP(C) NO. 17546 OF 2022

4. I must say that I find favour with the afore suggestion

made by Smt.Umul Fidha because, the question whether the

petitioner was entitled to promotion with effect from

22.07.2007 or whether it is from a later date, are not matters

that this Court can enter into and decide at the first instance,

especially when it acts under Article 226 of the Constitution of

India.

5. I am certainly of the opinion, therefore, that the matter

must engage the attention of the competent Authority of the

KSRTC without any delay.

Resultantly, I allow this writ petition and set aside Ext.P5,

clarifying that it has not been done because I have found

against it conclusively, but solely because it was issued without

hearing the petitioner; with a consequential direction to the

competent Authority to reconsider her case and issue a new

order, after affording her, as well as any other person who may

be interested an opportunity of being heard; thus culminating

in an appropriate order thereon as expeditiously as is possible,

but not later than two months from the date of receipt of a copy

of this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 17546 OF 2022

APPENDIX OF WP(C) 17546/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF CERTIFICATE DATED 28.12.2010 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION .

Exhibit P2 TRUE COPY OF G.O(P) NO. 25/97/P&ARD DATED 28.11.1997 ISSUED BY THE GOVERNMENT.

Exhibit P3 TRUE COPY OF CIRCULAR NO.

8130/ADV.C.3./2010/P&ARD DATED 24.02.2012 ISSUED BY THE GOVERNMENT.

Exhibit P4 TRUE COPY OF MEMORANDUM DATED 20.02.2017 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF MEMORANDUM DATED 19.05.2022 ISSUED BY THE 3RD RESPONDENT.