Kerala High Court
Sali M.G vs The Kerala State Road Transport ... on 8 November, 2023
WP(C) No.36909/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 8th day of November 2023 / 17th Karthika, 1945
WP(C) NO. 36909 OF 2023(K)
PETITIONER:
SALI M.G., AGED 52 YEARS, S/O. GOPALAN, PARAPPEL NIKARTH HOUSE,
VAYALAR P.O., CHERTHALA PIN - 688536
RESPONDENTS:
1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS
CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O,
THIRUVANANTHAPURAM, PIN - 695023
2. THE CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O,
THIRUVANANTHAPURAM, PIN - 695023
3. THE EXECUTIVE DIRECTOR (VIGILANCE), KERALA STATE ROAD TRANSPORT
CORPORATION, THIRUVANANTHAPURAM, PIN - 695023
4. THE ZONAL OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION,
ERNAKULAM ZONE, BOAT JETTY, ERNAKULAM, PIN - 682023
5. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT
CORPORATION, ERNAKULAM DEPOT,ERNAKULAM, PIN - 682035
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pleased to stay the operation and all further proceedings
pursuant to Exhibit P-7 to the extend it relates to the transfer of the
petitioner from Alappuzha to Vikas Bhavan, Thiruvananthapuram, pending
disposal of the Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. SAJEEV KUMAR K.GOPAL, Advocate for the petitioner and of SRI.DEEPU
THANKAN, STANDING COUNSEL for the respondents, the court passed the
following:
P.T.O
WP(C) No.36909/2023 2/4
RAJA VIJAYARAGHAVAN V, J.
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W.P(C) No.36909 of 2023
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Dated this the 8th day of November, 2023
ORDER
Sri.Deepu Thankan, the learned Standing Counsel takes notice for
the respondents.
2. Sri.Sajeev Kumar K. Gopal, the learned counsel appearing for
the petitioner, submits that the home station of the petitioner is Alappuzha,
and he was sent for a working arrangement for a period of 75 days to
Ernakulam. According to the learned counsel, as per the Rules, on
completion of a period of 75 days, the petitioner was to be sent back to his
home station. He submits that when the petitioner was abruptly
transferred to Thiruvananthapuram, he approached this Court and preferred
W.P.(C) No.22681 of 2022, and by Ext.P3 judgment, a learned Single Judge
has ordered to consider his request for transfer back to his home station or
to retain him at Ernakulam as the case may be. The learned counsel
submits that no orders in tune with the directions issued by this Court in
Ext.P3 judgment have yet been passed. He further submits that the
petitioner was again transferred to Thiruvananthapuram, and he again
approached this Court, and by Ext.P6 judgment, the transfer order was
WP(C) No.36909/2023 3/4
stayed. However, later, on the basis of the submission of the learned
Standing Counsel that the general transfer had been frozen, no orders were
issued, and the writ petition was closed. The learned counsel submits that
without considering the grievance of the petitioner as ordered in Ext.P3, he
has now been transferred to Thiruvananthapuram. The learned counsel
submits that as per the Rules, the petitioner will have to be sent back to
Alappuzha, and the directions in Ext.P3 judgment will have to be complied
with.
3. The learned Standing Counsel submits that directions issued by
this Court in Ext.P3 has been complied with, and an order has been passed
on 3.11.2023.
4. The learned counsel appearing for the petitioner submits that
the copy of the order has not been served.
5. The respondents shall place on record a copy of the order
passed pursuant to the directions issued by this Court.
Post on 13.11.2023, till which time Ext.P7 insofar as it concerns the
petitioner shall be kept in abeyance.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
08-11-2023 /True Copy/ Assistant Registrar
WP(C) No.36909/2023 4/4
APPENDIX OF WP(C) 36909/2023
Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED
02-08-2022 IN WP(C)NO.22681/2022
Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED
02-08-2023 IN W.P.(C) NO.23955 OF 2023
Exhibit P7 TRUE COPY OF THE RELEVANT PORTION OF THE ORDER
NO.700/CMD(SPC)/2023/RTC DATED 04-11-2023 WHEREBY THE
PETITIONER IS TRANSFERRED TO VIKAS BHAVAN
08-11-2023 /True Copy/ Assistant Registrar
