Kerala High Court
Santhosh Kumar G vs Kerala State Road Transport ... on 22 November, 2023
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
WP(C) NO. 38553 OF 2023
PETITIONER:
SANTHOSH KUMAR G,
AGED 47 YEARS
S/O P.K BABU, AGED 47 YEARS, DRIVER GRADE-I, KERALA
STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM
CENTRAL UNIT, PULLUVILA PADINAJATTATHIL, KADAYIRUPPU
P.O, KOLENCHERY, ERNAKULAM DISTRICT,, PIN - 682311
BY ADVS.
V.PREMCHAND
HALIYA T.P.
MAHADEV M.J.
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM,
PIN - 695023
2 CHAIRMAN AND MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT P.O, THIRUVANANTHAPURAM, PIN - 695023
3 THE EXECUTIVE DIRECTOR,(ADMINISTRATION & VIGILANCE)
KERALA STATE ROAD TRANSPORT CORPORATION. TRANSPORT
BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695023
SRI. DEEPU THANKAN, SC FOR KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C)No.38553 of 2023
2
JUDGMENT
The petitioner states that he is employed as Driver Grade I in the
KSRTC. He has approached this Court being aggrieved by Ext.P1 order by
which he has been transferred from Thiruvananthapuram Central Unit to
Nedunkandam. According to the petitioner, though in Ext.P1, it is stated that
the transfer has been effected on administrative grounds, he states that it has
been made with malafide intent.
2. According to the petitioner, Ext.P1 transfer order has been issued
against the petitioner herein and a certain Sunil A T on the strength of a
complaint that the petitioner did not stop the bus at Ambalappuzha though a
passenger had reserved a seat. It is submitted that no disciplinary
proceedings have been initiated against the petitioner or his colleague. He
states that on receipt of the order, Ext.P2 representation was submitted before
the 3rd respondent highlighting his grievances. He states that his wife
Smt.Bindu Santhosh has been diagnosed with ovarian cancer and his presence
is required for providing effective treatment to his sick wife. He states that he
has not been relieved to date. His prayer in this writ petition is for issuance of
directions to the 3rd respondent to consider Ext.P2 representation and to take
a sympathetic view.
3. Sri. Premchand, the learned counsel appearing for the petitioner
submitted that his limited request is for consideration of Ext.P2 in the light of
Ext.P3 and not to relieve him from the present post till orders are passed on
Ext.P2.
4. It appears that a learned Single Judge of this Court had
interdicted the transfer order by an interim order dated 20.11.2023.
5. The learned Standing Counsel submits that transfer is an
incidence of service and the order has been issued purely on administrative
reasons.
6. I have considered the submissions. I find from Ext.P3 dated
14.02.2023 that the wife of the petitioner has underwent a surgery. The
petitioner has raised certain contentions in Ext.P2 representation. He has
highlighted his grievances and the ailment suffered by his wife. In the facts
and circumstances, I am of the considered opinion that directions can be
issued to the 3rd respondent to consider Ext.P2 representation and take a
decision.
In that view of the matter, this writ petition is disposed of directing the
3rd respondent to consider Ext.P2 representation and take a decision with
notice to the petitioner within three weeks from the date of receipt of a copy
of this judgment. Till orders are passed, the order dated 20.11.2023 shall
continue.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
APPENDIX OF WP(C) 38553/2023
PETITIONER'S EXHIBITS:
Exhibit-P1 A TRUE COPY OF THE ORDER DATED 09.11.2023
ISSUED BY THE DISTRICT OFFICER, KSRTC
Exhibit-P2 A TRUE COPY OF THE PETITION FILED BY THE
PETITIONER DATED 14.11.2023 BEFORE THE 3RD
RESPONDENT
Exhibit-P3 A TRUE COPY OF THE RELEVANT PORTION OF
DISCHARGE SUMMARY DATED 14.02.2023 ISSUED
BY THE MEDICAL COLLEGE HOSPITAL,
KOLENCHERY
