O. Sabu vs The Kerala State Road Transport ...
2023 Latest Caselaw 11722 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                   WP(C) NO. 37654 OF 2023
PETITIONER/S:

            O. SABU
            AGED 50 YEARS
            S/O. OUSEPH, DRIVER, KERALA STATE ROAD TRANSPORT
            CORPORATION, CHERTHALA DEPOT, (RESIDING AT KILIYANTHARA
            HOUSE, KOKKOTHAMANGALAM.P.O., CHERTHALA ), PIN - 688527
            BY ADVS.
            K.P.JUSTINE (KARIPAT)
            A.JOSEPH GEORGE (AZHIKKAKATH)

RESPONDENT/S:

    1      THE KERALA STATE ROAD TRANSPORT CORPORATION
           REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST
           FORT.P.O.,THIRUVANANTHAPURAM, PIN - 695023
     2     THE MANAGING DIRECTOR
           KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
           BHAVAN, EAST FORT.P.O., THIRUVANANTHAPURAM, PIN -
           695023
     3     THE EXECUTIVE DIRECTOR (ADMINISTRATION)
           KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
           BHAVAN, EAST FORT.P.O., THIRUVANANTHAPURAM, PIN -
           695027
     4     THE DISTRICT OFFICER
           FOR KERALA STATE ROAD TRANSPORT CORPORATION, HARIPAD
           DEPOT, PIN - 690514
     5     THE ASSISTANT TRANSPORT OFFICER
           KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA
           DEPOT, PIN - 688524
OTHER PRESENT:

            SRI. DEEPU THANKAN, SC FOR KSRTC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 37654 OF 2023
                                      2



                               JUDGMENT

The petitioner is working as a Driver in the Cherthala Depot of the

Kerala State Road Transport Corporation. He states that by the general

transfer order issued by the respondents, he has been transferred to Vikas

Bhavan, Thiruvananthapuram. According to the petitioner, he is suffering

from heart ailments and is undergoing treatment at the Lissie Hospital,

Ernakulam. Reliance is placed on Exts.P2 and P3 certificates to substantiate

the contentions. He states that though he had requested the unit

authorities at Cherthala for light duty, the same was declined. Being

aggrieved he is stated to have submitted Ext.P5 representation before the

2nd respondent. The prayer in this petition is to direct the respondents to

consider Ext.P5 representation and to direct the respondents to keep the

order in abeyance till his representation is heard and disposed of.

2. The learned Standing counsel has opposed the submission. He

submits that when the petitioner was transferred in the year 2021, he

approached this court by filing W.P(C) No.20313 of 2021. The prayer in this

writ petition was to retain the petitioner atleast for a period of one year so

as to enable him to continue his treatment at Lissie Hospital. He submits

that the writ petition was disposed of by this court, refusing to interfere

with the transfer order but directing the respondents not to assign the duty

of a driver but to give lighter job duties to the petitioner herein. Learned WP(C) NO. 37654 OF 2023

counsel submits that since the father of the petitioner had passed away in

the meantime, he was permitted to continue at Cherthala depot itself. It is

submitted by the learned counsel that the petitioner has still not complied

with the earlier order and joined Vikas Bhavan. Finally, it is submitted that if

the petitioner joins the transfer depot and submits an application for lighter

duties, the same can be considered.

4. I have considered the submissions advanced. The fact that the

petitioner had earlier approached this court and preferred W.P(C) No.20313

of 2021 is not been mentioned in this writ petition. Of course, the petitioner

had undergone Angioplasty and is undergoing treatment. The fact remains

that the transfer is an incident of service and if the petitioner has any other

ailments, he can always ask the respondents to provide him with lighter

duties. I am of the view that necessary directions can be issued to the

respondents to consider Exhibit P5 representation, as the medical records

reveal that the petitioner is a cardiac patient.

In that view of the matter, this writ petition is ordered and the

following directions are issued.

a. The 2nd respondent shall take up Exhibit P5

and take a decision within an outer limit of one

month.

b. If the petitioner joins the transferred unit and

files an application to perform light duties, the WP(C) NO. 37654 OF 2023

concerned respondent shall consider the same

and take appropriate decision.

The Writ Petition is disposed of as above.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE SJ WP(C) NO. 37654 OF 2023

APPENDIX OF WP(C) 37654/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER BY THE RESPONDENT CORPORATION Exhibit P2 TRUE COPY OF THE MEDICAL EXAMINATION SUMMARY ISSUED BY DR.JO JOSEPH DATED 03.03.2023.

Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.JO JOSEPH DATED 03.03.2023.

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE NEW TRANSFER ORDER NO.

700/CMD(SPC)/2023/RTC DATED 04.11.2023. Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 7.11.2023.