Kerala High Court
Venugopalan Nair M.S vs Kerala State Road Transport ... on 29 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 18837 OF 2022
PETITIONER:
VENUGOPALAN NAIR M.S., STATION MASTER, KERALA STATE
ROAD TRANSPORT CORPORATION, NEDUMANGAD DEPOT,
NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695 541.
BY ADV K.P.RAJEEVAN
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM,
PIN - 695 023.
2 ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
NEDUMANGAD DEPOT, NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695 541
SRI.DEEPU THANKAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 18837/22
2
JUDGMENT
The petitioner says that though he is No.8 in Ext.P2
Seniority List of Station Masters, he has been denied promotion
and refused to be included in Ext.P3 Promotion List. He says
that this action of the Kerala State Road Transport Corporation
(KSRTC) - in which he is presently working as Station Master,
is illegal and unlawful and prays that its competent Authority be
directed to promote him with effect from the date on which
Ext.P3 was put into effect.
2. The afore request of the petitioner made by his
learned counsel - Sri.K.P.Rajeevan, was answered by Smt.Umul
Fidha - learned counsel representing the learned Standing
Counsel for the KSRTC, saying that petitioner has been denied
promotion because he was found not qualified. She, however,
submitted that if the petitioner is to make a proper
representation against his non-inclusion in Ext.P3, same can be
considered in terms of law and necessary action taken, including
by putting him back in the Seniority List, if he is found so
WPC 18837/22
eligible. She, however, prayed that this Court may not make any
affirmative declarations on the entitlement of the petitioner to
any relief and leave it to the competent Authority to take a final
decision as per law.
3. When I consider the afore submissions, it is without
doubt that petitioner has not been yet told any reason why he
has been left out from Ext.P3 Promotion List. The fact that he
has been included as No.8 in Ext.P2 Seniority List of Station
Masters certainly makes it justifiable for him to have approached
this Court through the Writ Petition.
In the afore circumstances, I order this Writ Petition,
leaving liberty to the petitioner to make a representation against
his non-inclusion in Ext.P3; and if this is done within a period
of one week from the date of receipt of a copy of this
judgment, same shall be considered by the competent Authority
of the KSRTC, 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
three weeks thereafter.
WPC 18837/22
Needless to say, if, through the afore exercise, the
petitioner is found eligible for being promoted, all necessary
action for such purpose shall be taken without any avoidable
delay thereafter.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 18837/22
APPENDIX OF WP(C) 18837/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF DUTY PASS ISSUED TO THE
PETITIONER.
Exhibit P2 A TRUE COPY OF MEMORANDUM
NO.599/GL2/2022/RTC DTD. 9/5/2022 WITH
SENIORITY LIST OF STATION MASTER.
Exhibit P3 A TRUE COPY ORDER NO.599/GL2/2022/RTC
(3) DATED 8/6/2022 ISSUED BY THE 1ST
RESPONDENT.
