Kerala High Court
Manojkumar M.C vs The Chairman And Managing ... on 3 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
WP(C) NO. 32075 OF 2022
PETITIONER:
MANOJKUMAR M.C.
AGED 39 YEARS, S/O. M. CHATHAN,
MADATHIL HOUSE, THAIKKATTUSSERY,
OLLUR, THRISSUR, PIN - 680306
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
RESPONDENTS:
1 THE CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT P.O.,
THIRUVANANTHAPURAM, PIN - 695024
2 THE EXECUTIVE DIRECTOR (VIGILANCE)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT P.O.,
THIRUVANANTHAPURAM, PIN - 695024
3 THE SECRETARY
LABOUR AND SKILLS DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
4 THE DIRECTOR OF TRAINING
INDUSTRIAL TRAINING DEPARTMENT,
THOZHIL BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
SRI.DEEPU THANKAN-SC, SMT.PARVATHY.K-GP,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 32075 of 2022
:2:
DEVAN RAMACHANDRAN, J.
=========================
W.P.(C).No. 32075 of 2022
==========================
Dated this the 03rd November, 2022
JUDGMENT
The petitioner impugns Ext.P13 proceedings of the Chairman
and Managing Director of the Kerala State Road Transport
Corporation (K.S.R.T.C), which holds that he resigned from their
services with effect from 18.05.2019, instead of 22.07.2021 - when
he says he made an application for the same.
2. Sri.K.Sudhinkumar - learned counsel for the petitioner,
explains that, while his client was serving the K.S.R.T.C, he met
with an accident and made an application for leave, but, which was
not granted; on the allegation that he was on unauthorized
absence, and a disciplinary action was taken, which culminated in
Ext.P11 order dated 30.10.2021, treating the period of absence as
being leave without allowances. He submits that, however, when
the disciplinary action was continuing and since his client knew that
he had no future with the K.S.R.T.C, he made an application for
resignation on 22.07.2021, hoping that same will be accepted
without the afore action being concluded against him; but that,
W.P.(C) No. 32075 of 2022
contrary to his expectations, Ext. P11 order was issued and to make
matters worse, his resignation was deemed to have accepted with
effect from 18.05.2019. He then concedes that, his client had
joined the Industrial Department on 23.07.2021, after he had
tendered his resignation to the K.S.R.T.C on 22.07.2021; and that
solely on account of the fact that the period of relieving from the
K.S.R.T.C would be construed to be over the minimum time as per
the statutory mandate - if his resignation is deemed to be from
18.05.2019 - he has been denied benefits under the Statutory
Pension Scheme. He added that the petitioner has, therefore, been
constrained to approach this Court because, Government of Kerala
has now issued Ext.P14 denying him the benefits of the Statutory
Pension Scheme, for the reasons above.
3. Sri.Deepu Thankan - learned Standing Counsel for the
K.S.R.T.C, in response, submitted that it is evident from Ext.P13
that the manner of accepting resignation in the K.S.R.T.C is
governed by their Circular bearing no.P.L.17/036739/11 dated
17.01.2012. He submitted that the provisions of the Kerala Service
Rules have no application in view of this circular, and it mandates
that resignation will be accepted from the date on which the
employee performs his last duty. He explained that petitioner
W.P.(C) No. 32075 of 2022
performed his last duty on 17.05.2019 and therefore, that his
resignation can only be deemed to be effective from 18.05.2019.
4. The explanation of Sri.Deepu Thankan as afore has certain
problems attached to it because, the fact remains that if the
petitioner is deemed to have resigned from service on 18.05.2019,
then Ext.P11 order dated 30.11.2021, regularizing his services as
leave without allowances, would have no relevance and could be
even rendered redundant. As rightly argued by Sri.Sudhinkumar,
when Ext.P11 was issued by the K.S.R.T.C on 30.10.2021, it can
only be presumed that his client was in service as on that date.
5. That being said, however, the petitioner will also face an
issue in the above line of reasoning because, Ext.P11 - being dated
30.11.2021 - a question may arise as to how he could have joined
the Industrial Department of the Government of Kerala on
23.07.2021, as has been asserted by him. However, I do not think
that this is an issue that this Court should decide at this stage,
since I am certain that the Managing Director of the K.S.R.T.C must
be asked to reconsider the whole aspects, including the afore
factual issues, within a time frame to be fixed by this Court.
6. In the afore circumstances, I set aside Ext.P13; with a
consequential direction to the Chairman and Managing Director of
W.P.(C) No. 32075 of 2022
the K.S.R.T.C, to consider the claim of the petitioner for being
treated to have resigned with effect from 22.07.2021, adverting to
my observations above, and after affording him an opportunity of
being heard; thus culminating in an appropriate order, within a
period of three months from the date of receipt of a copy of this
judgment.
7. Needless to say, though I am not setting aside Ext.P14, the
Competent Authority of the Government will be obligated to
reconsider the petitioner's claims, and should the K.S.R.T.C take a
view in his favour.
This writ petition is thus disposed of.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
W.P.(C) No. 32075 of 2022
APPENDIX OF WP(C) 32075/2022
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE MRI REPORT DATED 29-05-2019
OF THE ELITE MISSION HOSPITAL, THRISSUR
Exhibit-P2 TRUE COPY OF THE CERTIFICATE OF FITNESS TO
RETURN OF DUTY DATED 1-10-2020 ISSUED BY THE
DR. PAMBAVASAN
Exhibit-P3 TRUE COPY OF THE MEMO OF CHARGES NO.
V.L.D4/39083/19 DATED 26-03-2021 GIVEN TO THE
PETITIONER BY THE 2ND RESPONDENT
Exhibit-P4 TRUE COPY OF THE STATEMENT OF ALLEGATIONS
GIVEN BY THE 2ND RESPONDENT DATED 26-03-2021
Exhibit-P5 TRUE COPY OF THE WRITTEN STATEMENT OF DEFENSE
SUBMITTED BY THE PETITIONER DATED 22-04-2021
Exhibit-P6 TRUE COPY OF THE ENQUIRY REPORT NO.
G2/1307/2021/ANKAMALY DATED 6-7-2021
SUBMITTED BY SRI. SUNIL KUMAR P.N., ENQUIRY
OFFICER, ASSISTANT TRANSPORT OFFICER,
ANKAMALY
Exhibit-P7 TRUE COPY OF THE MEMORANDUM NO.
V.L.D4/039083/19 DATED 12-07-2021 GIVEN BY
THE 2ND RESPONDENT TO THE PETITIONER
Exhibit-P8 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT DATED 15-07-
Exhibit-P9 TRUE COPY OF THE ORDER NO. DT/40780/2018-A2
DATED 10-06-2021 ISSUED BY THE JOINT DIRECTOR
OF TRAINING, INDUSTRIAL TRAINING DEPARTMENT
Exhibit-P10 TRUE COPY OF THE RESIGNATION LETTER GIVEN BY
THE PETITIONER TO THE 1ST RESPONDENT DATED
22-07-2021
Exhibit-P11 TRUE COPY OF THE ORDER NO. V.L.D4/39083/2019
DATED 30-10-2021 ISSUED BY THE 2ND RESPONDENT
Exhibit-P12 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
DISTRICT TRANSPORT OFFICER, K.S.R.T.C.,
THRISSUR DATED 22-07-2021
Exhibit-P13 TRUE COPY OF THE ORDER NO.
VLD4/000376/2021/AVC4 DATED 17-09-2022 ISSUED
BY THE 1ST RESPONDENT
Exhibit-P14 TRUE COPY OF THE COMMUNICATION NO. C1/8/2022-
LABOUR DATED 26-03-2022 ISSUED BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT
