Divakaran R vs State Of Kerala
2023 Latest Caselaw 730 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                       WP(C) NO. 24251 OF 2013


PETITIONER:

          DIVAKARAN R, AGED 57 YEARS, S/O BALAN NAIR,
          (RETD. DRIVER, KERALA STATE ROAD TRANSPORT
          CORPORATION, VADAKKENCHERRY DEPOT (PALAKKAD
          DISTRICT), RESIDING AT AYILYAM, MALAMAL HOUSE,
          ALATHUR POST, PALAKKAD DISTRICT 678541

          BY ADVS.
          SRI.T.C.GOVINDA SWAMY
          SMT.KALA T.GOPI
          SMT.T.N.SREEKALA


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY
          TO THE GOVERNMENT OF KERALA, TRANSPORTATION
          DEPARTMENT, STATE SECRETARAIT,
          THIRUVANANTHAPURAM 695001

    2     THE CHAIRMAN MANAGING DIRECTOR, KERALA STATE ROAD
          TRANSPORT CORPORATION (KSRTC), TRANSPORT BHAFAN,
          EAST FORT, THIRUVANANTHAPURAM 695001

    3     THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD
          TRANSPORT CORPORATION (KSRTC), PALAKKAD 678001

    4     THE DEPOT IN CHARGE, KERALA STATE ROAD TRANSPORT
          CORPORATION KSRTC), VADAKKENCHERRY P.O, PALAKKAD
          DISTRICT 673683

          BY ADVS.
          SRI.DEEPU THANKAN -SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 24251/13
                                     2



                            JUDGMENT

It does not require a detailed judgment in this case because it

is conceded by both sides that the issues involved herein - both

factual and legal - will have to be regulated and modulated by the

directions of the Honourable Supreme Court in Ext.P12.

2. Sri.T.C.Govindaswamy - learned counsel for the

petitioner, in fact, made a plea that the competent Authority of the

Kerala State Road Transport Corporation (KSRTC) be directed to

hear his client and decide whether Ext.P12 would apply to him and

in what manner.

3. Sri.Deepu Thankan - learned Standing Counsel for the

KSRTC, did not oppose this.

Resultantly, I allow this Writ Petition to the limited extent of

directing the competent Authority of the KSRTC to hear the

petitioner, within the ambit of Ext.P12 judgment of the Honourable

Supreme Court and take a decision as to how its benefits would be

applicable to him, either fully or substantially, as the case may be. WPC 24251/13

A decision in this regard shall be taken within a period of

three months from the date of receipt of a copy of this judgment

and all consequential benefits, if found eligible, made available to

him without any further delay thereafter.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 24251/13


                APPENDIX OF WP(C) 24251/2013

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE MEMORANDUM BEARING NO LA8/001262/94 DATED 17-05-95, ISSUED ON BEHALF OF THE 2ND RESPONDENT EXHIBIT P2 A TRUE COPY OF THE BEARING NO P2-1586/96/ PALAKKAD DATYED 01-10-97 ISSUED FROM THE OFFICE OF THE DISTRICT TRANSPORT OFFICER, KSRTC, PALAKKAD EXHIBIT P3 A TRUE COPY OF THE APPOINTMENT ORDER UNDER MEMO BEARING NO P2-1586/96/PALAKKAD DATED 23-10-1997, ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 05-08-2000 ADDRESSED TO THE HON'BLE MINISTER FOR TRANSPORTATION MINISTRY EXIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 16-01-2001 ADDRESSED TO THE 3RD RESPONDENT EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 27-02-2001 ADDRESSED TO THE 3RD RESPONDENT EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION ADDRESSED TO THE HON'BLE CHIEF MINISTER OF KERALA DATED 28-03-2001 EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 30-06-2011 ADDRESSED TO THE HON'BLE MINISTER FOR TRANSPORATION EXHIBIT P9 A TRUE COPY OF THELETTER BEARING NO PL 12/000021/75/12 DATED 19- 10-2012 ISSUED BY THE PUBLIC RELATIONS OFFICER, KSRTC EXHIBIT P10 A TRUE COPY OF THE MEMORANDUM BEARING NO PL 12/025739/2008 DATED 07-04- 2012 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT EXHIBIT P11 A TRUE COPY OF THE ORDER BEARING NO PA4/042282/12 DATED 27-03-2013 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT Exhibit P12 A TRUE COPY OF THE SAID JUDGEMENT IN CIVIL APPEAL NOS. 3161-3165/2019 DATED 2.03.2022 ISSUED BY APEX COURT.