Baiju. G vs The Kerala State Road Transport ...
2023 Latest Caselaw 3197 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                  WP(C) NO. 9453 OF 2023
PETITIONERS:

    1    BAIJU. G.
         AGED 41 YEARS
         S/O.SUGADEVAN.V.R., JUNIOR ASSISTANT, KERALA
         STATE ROAD TRANSPORT CORPORATION, MANANTHAVADY
         DEPOT (RESIDING AT VADAKKOOT HOUSE,
         KALLEPADAM.P.O., PAZHAYANNOOR, THRISSUR, PIN -
         680587
    2    NAGESH. K.V.
         AGED 51 YEARS
         DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION,
         MANANTHAVADY DEPOT (RESIDING AT THIRUNELLI
         TEMPLE.P.O., WAYANAD, PIN - 670646
    3    TOMY. V. J.
         AGED 51 YEARS
         CONDUCTOR, KERALA STATE ROAD TRANSPORT
         CORPORATION, MANANTHAVADY DEPOT, (RESIDING AT
         VATTAKKUNNEL HOUSE, ODANTHODE, MANATHANA.P.O.,
         KANNUR, PIN - 670674
    4    SAJI. P.M.
         AGED 48 YEARS
         CONDUCTOR, KERALA STATE ROAD TRANSPORT
         CORPORATION, MANANTHAVADY DEPOT, (RESIDING AT
         PONNACHIYIL HOUSE, EDAVAKA.P.O., MANANTHAVADY,
         WAYANAD, PIN - 670645
    5    ANILKUMAR. P.R.
         AGED 47 YEARS
         DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION,
         MANANTHAVADY DEPOT, (RESIDING AT POOLANIKUNNEL
         HOUSE, VELLARVALLY.P.O, PIN - 670673
    6    VIDESH. V.
         AGED 38 YEARS
         CONDUCTOR, KERALA STATE ROAD TRANSPORT
         CORPORATION, MANANTHAVADY DEPOT, (RESIDING AT
         UDAYAM HOUSE, KOLATHUR.P.O., KOZHIKODE, PIN -
         673315
    7    ROOPESH. M.K.
         AGED 43 YEARS
 W.P.(C).No.9453 of 2023

                          -:   2   :-

           DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION,
           MANANTHAVADY DEPOT, (RESIDING AT MARANCHERRY
           HOUSE, KOTTARAKKUNNU.P.O., MOTHAKKARA, WAYANAD,
           PIN - 670731
    8      BALAN. M.
           AGED 41 YEARS
           CONDUCTOR, KERALA STATE ROAD TRANSPORT
           CORPORATION, MANANTHAVADY DEPOT, (RESIDING AT
           MATHILAYAM HOUSE, MATHILAYAM.P.O., VELLAMUNDA
           VIA., WAYANAD, PIN - 670731
    9      SASI. M.V.
           AGED 44 YEARS
           CONDUCTOR, KERALA STATE ROAD TRANSPORT
           CORPORATION, MANANTHAVADY DEPOT, (RESIDING AT
           MATHERIKKAL HOUSE, CHENNALODE.P.O., KALPETTA
           VIA, WAYANAD, PIN - 673122
           BY ADVS.
           K.P.JUSTINE (KARIPAT)
           A.JOSEPH GEORGE (AZHIKKAKATH)

RESPONDENTS:

    1      THE KERALA STATE ROAD TRANSPORT CORPORATION
           REP. BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN,
           EAST FORT, THIRUVANANTHAPURAM, PIN - 695023
    2      THE MANAGING DIRECTOR
           KERALA STATE ROAD TRANSPORT CORPORATION,
           TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM,
           PIN - 695023
    3      THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER
           KERALA STATE ROAD TRANSPORT CORPORATION,
           TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM,
           PIN - 695023
    4      THE ADMINISTRATIVE OFFICER, PF SECTION
           KERALA STATE ROAD TRANSPORT CORPORATION,
           TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM,
           PIN - 695023
    5      THE EXECUTIVE DIRECTOR (ADMINISTRATION)
           KERALA STATE ROAD TRANSPORT CORPORATION,
           TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM,
 W.P.(C).No.9453 of 2023

                              -:   3     :-

               PIN - 695023
    6          THE DISTRICT OFFICER FOR WAYANAD
               KERALA STATE ROAD TRANSPORT CORPORATION, SULTHAN
               BATHERY DEPOT, PIN - 673592
    7          THE ASSISTANT TRANSPORT OFFICER
               KERALA STATE ROAD TRANSPORT CORPORATION,
               MANANTHAVADY DEPOT, PIN - 670645
               BY ADV DEEPU THANKAN, SC KSRTC
               BY GOVT.PLEADER:SRI.V.K.SUNIL


        THIS    WRIT   PETITION    (CIVIL)    HAVING   COME    UP    FOR
ADMISSION       ON   23.03.2023,   THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.9453 of 2023

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                      Sathish Ninan, J.
              ==============================
                  W.P.(C).No.9453 of 2023
                ==========================
          Dated this the 23rd day of March, 2023


                           JUDGMENT

Petitioners have approached this Court

seeking a direction to the respondent to consider

the applications submitted by them for 'Provident

Fund Temporary Advance'.

2. The learned Standing Counsel for the

respondents submits that, the applications could

be considered, but in the light of Rule 15 of the

General Provident Fund (Kerala) Rules, 2011.

3. It is for the Corporation to consider the

applications of the petitioners in the light of

the law in the said regard and pass appropriate W.P.(C).No.9453 of 2023

-: 5 :-

orders. Taking note of the urgency pleaded by the

petitioners in the writ petition, the applications

are to be considered without delay.

Resultantly, the writ petition is disposed of

directing appropriate authority of the Corporation

to consider and pass appropriate orders on the

applications of the petitioners seeking Provident

Fund Temporary Advance, as expeditiously as is

possible and at any rate, within a period of one

month from the date of receipt of a copy of this

judgment. The petitioners may be afforded an

opportunity of hearing prior to passing of orders.

Sd/-

Sathish Ninan, Judge rsr W.P.(C).No.9453 of 2023

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APPENDIX OF WP(C) 9453/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 3RD PETITIONER Exhibit P4 TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 4TH PETITIONER Exhibit P5 TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 5TH PETITIONER Exhibit P6 TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 6TH PETITIONER Exhibit P7 TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 7TH PETITIONER Exhibit P8 TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 8TH PETITIONER Exhibit P9 TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 9TH PETITIONER Exhibit P10 TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF THE LOANS APPLIED BY THE PETITIONERS DATED 13.3.2023