Somichan M.M vs State Of Kerala
2022 Latest Caselaw 3417 Ker

Citation : 2022 Latest Caselaw 3417 Ker
Judgement Date : 22 March, 2022

Kerala High Court

Somichan M.M vs State Of Kerala on 22 March, 2022

W.P.(C) No.24420 /2021              1



            IN THE HIGH COURT OF KERALA    AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA    VIJAYARAGHAVAN V
                    ND
    TUESDAY, THE 22    DAY OF MARCH 2022   / 1ST CHAITHRA, 1944
                      WP(C) NO. 24420 OF   2021
PETITIONER/S:

            SOMICHAN M.M.,
            AGED 54 YEARS,
            S/O. MICHEAL, MANJAKUNNEL HOUSE, OTTATHAI P.O.,
            ALAKODE (VIA), KANNUR DISTRICT.

            BY ADVS.
            K.C.SANTHOSHKUMAR
            K.K.CHANDRALEKHA


RESPONDENT/S:

     1      STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT
            DEPARTMENT, GOVERNMENT OF KERALA,
            THIRUVANANTHAPURAM-695001.

     2      KERALA STATE ROAD TRANSPORT CORPORATION LTD.,
            TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695023,
            REPRESENTED BY ITS MANAGING DIRECTOR.

     3      THE CHAIRMAN AND MANAGING DIRECTOR,
            KERALA STATE ROAD TRANSPORT CORPORATION LTD.,
            TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695023.

     4      THE EXECUTIVE DIRECTOR,
            KERALA STATE ROAD TRANSPORT CORPORATION LTD.,
            TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695023.

     5      THE DISTRICT TRANSPORT OFFICER,
            OFFICE OF THE ASSISTANT TRANSPORT OFFICER, KERALA
            STATE ROAD TRANSPORT CORPORATION LTD., PAYYANNUR
            DEPOT, PAYYANNUR, KANNUR-670307.

     6      THE UNIT OFFICER,
            KERALA STATE ROAD TRANSPORT CORPORATION LTD.,
            PAYYANNUR DEPOT, PAYYANNUR, KANNUR-670307.
 W.P.(C) No.24420 /2021              2




            SRI DEEPU THANKAN, SC, KSRTC

            SMT ANIMA M, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.24420 /2021                         3




                                 JUDGMENT

The petitioner contends that he was working as a Driver Grade-II

attached to Payyannur Depot of the 2nd respondent Corporation. While so, he

was granted Leave Without Allowance for a period of 5 years from 15.01.2015.

Much prior to the expiry of the leave, the petitioner had submitted an

application to rejoin the service. When no action was taken, he approached

this Court with this writ petition seeking a declaration that the petitioner is

entitled to rejoin duty as Driver Grade II and for incidental reliefs.

2. A counter affidavit has been filed by the respondents 2 to 6

wherein it is stated that the petitioner failed to report for duty despite having

issued reminders and hence he has been terminated from service.

3. Sri K.C. Santhosh Kumar, the learned counsel submitted that in

view of the contention raised in the counter affidavit, the petitioner has

preferred Exhibit-P6 appeal before the Managing Director on 17.03.2022, which

is stated to be pending. According to the learned counsel, in view of the

subsequent turn or events, the petitioner would be satisfied if directions are

issued to the 3rd respondent before whom the appeal is pending to consider

and dispose of the same within a time frame. The fact that the petitioner is due

to retire on 31.05.2022 is also highlighted.

4. The learned Standing Counsel on instructions submitted that if the

appeal has been filed and the same is pending consideration, orders can be

passed within a period of two weeks from the date of receipt of a copy of this

judgment.

5. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and circumstances,

I am of the view that this writ petition can be disposed of by issuing the

following directions:

a) There will be a direction to the 3rd respondent to take up, consider and pass appropriate orders on Ext.P6 as per procedure and in adherence to the provisions of law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two weeks from the date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE DSV

APPENDIX OF WP(C) 24420/2021

PETITIONER (S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 8.2.2013 ISSUED TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE REQUEST DATED 6.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Exhibit P3 TRUE COPY OF THE REMINDER DATED 31.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Exhibit P4 TRUE COPY OF THE INTIMATION DATED 9.4.2021 SENT BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT, SEEKING CONSIDERATION OF REQUEST AS WELL AS THE REMINDER SENT BY THE PETITIONER ALONG WITH ENGLISH TRANSLATION.

Exhibit P5 TRUE COPY OF THE ORDER NO.PL 11/00806/2018 DATED 01/10/2018 (SERVED ON THE PETITIONER ON 25/02/2022)

Exhibit P6 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 17.03.2022 FILED BY THE PETITIONER BEFORE THE MANAGING DIRECTOR, K.S.R.T.C.

Exhibit P7 TRUE COPY OF THE POSTAL RECEIPT DATED 17.03.2022.