Baiju A.V vs Kerala State Road Transport ...
2023 Latest Caselaw 8886 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 26605 OF 2023
PETITIONERS:

    1     BAIJU A.V
          AGED 42 YEARS
          S/O. VASU, ANAKUZHIYIL, KALLARA SOUTH P.O., VAIKOM,
          KOTTAYAM, PIN - 695308
    2     BIJU KURIAKOSE
          AGED 48 YEARS
          S/O. KURIAKOSE, CHANDIYIL, THALAYOLAPARAMBU P.O.,
          VAIKOM, PIN - 686505
          BY ADVS.
          JOHNSON MANAYANI
          JEEVAN MATHEW MANAYANI
RESPONDENTS:

    1     KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC),
          TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REP BY ITS
          MANAGING DIRECTOR, PIN - 695001
    2     MANAGING DIRECTOR
          KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC),
          TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN - 695001
    3     THE CLUSTER OFFICER
          KOOTHATTUKULAM DEPOT, KERALA STATE ROAD TRANSPORT
          CORPORATION (KSRTC), KOOTHATTUKULAM P.O, PIN - 686662
    4     THE CLUSTER OFFICER
          VAIKOM DEPOT, KERALA STATE ROAD TRANSPORT CORPORATION
          (KSRTC), VAIKOM P.O, PIN - 686505
    5     THE DISTRICT OFFICER
          KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC),
          KOTTAYAM, PIN - 686001
          SRI.DEEPU THANKAN
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26605 OF 2023

                                         2



                                 JUDGMENT

Dated this the 14th day of August, 2023

This writ petition is filed seeking the following prayers:

"(i) Issue a Writ of Certiorari, or any other Writ, directions or Order, setting aside the Ext.P3 reliving order of the petitioners herein issued by the 5th respondent.

(ii) Declare that, the Ext.P3 order issued by the 5th respondent is not legally sustainable in view to Exts.P1 and P2."

2. Heard the learned counsel for the petitioners and the learned

standing counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioners that the

petitioners were relieved from the present stations on the basis of an

order of general transfer, but have not joined in the transferred posts. It

is submitted that, in the meanwhile, the transfer order has been frozen

and is not being implemented by the respondents.

4. The learned standing counsel appearing for the respondents

submits that due to the objections raised by the employees, the order

of transfer now stands frozen and that no further steps are being taken

on the basis of the same. However, those persons who had been WP(C) NO. 26605 OF 2023

relieved pursuant to the order and had joined duty in the transferred

post were permitted to continue in the transferred post.

5. In view of the fact that the petitioners had not joined the

transferred posts, I am of the opinion that since the order on the basis

of which they were relieved from their present posts stands frozen, the

petitioners are eligible to continue at the pre-transferred posts.

6. In the above view of the matter, this writ petition is disposed of

with a direction to the respondents to retain the petitioners in the pre-

transferred posts.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 26605 OF 2023

APPENDIX OF WP(C) 26605/2023

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.700/CMD[SPC]/2023/RTC ISSUED BY THE 2ND RESPONDENT DT 2.8.2023 Exhibit P2 TRUE COPY OF THE ORDER NO.

700/CMD[SPC]/2023/RTC DT 2.8.2023 OF THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DT 24.7.2023 Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER'S COUNSEL DT 4.8.2023 TO THE RESPONDENTS 1 TO 4 RESPONDENTS' EXHIBITS: NIL