Kerala High Court
Binojmon vs State Of Kerala, Represented By ... on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
WP(C) NO. 33337 OF 2023
PETITIONERS :-
1 BINOJMON, AGED 53 YEARS
S/O LATE CHACKO, PURATHERI HOUSE, NEELAMPEROOR P.O,
ALAPPUZHA DISTRICT, PIN - 686534
2 SURESHKUMAR P.T, AGED 53 YEARS
S/O LATE THANKAPPAN, PANAKUNNEL HOUSE,
PARIYARAM P.O, PUTHUPALLY, KOTTAYAM, PIN - 686021
3 P.T.BINU, AGED 53 YEARS
S/O LATE P.P THOMAS, PUTHENPARAMBIL,
MOOLAVATTOM P.O, KOTTAYAM, PIN - 686012
BY ADVS.
K.S.HARIHARAPUTHRAN
PINKU MARIAM JOSE
ANIL KUMAR T.P.
RESPONDENTS :-
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY
TO THE GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY, TRANSPORT DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN - 695023
SRI. DEEPU THANKAN, SC FOR KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH W.P.(C) NO.33294 OF 2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 33337 & 33294 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
WP(C) NO. 33294 OF 2023
PETITIONERS :-
1 ULLASKUMAR.K.P., AGED 46 YEARS
KUNNUMPURATH HOUSE, KUDAMALOOR.P.O.,
KOTTAYAM CONDUCTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, KOTTAYAM DEPOT, PIN - 686017
2 SATHEESHKUMAR.V.P., AGED 50 YEARS
S/O PRABHAKARAN NAIR, VELOORKIZHAKKETHIL,
PANGADA.P.O., PAMPADY, KOTTAYAM CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
KOTTAYAM DEPOT., PIN - 686502
3 E.U. KURIAKOSE, AGED 48 YEARS
S/O A.P. UTHAPPAN, EZHUTHUPALLIL HOUSE,
KUZHIMATTOM.P.O., KOTTAYAM CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
KOTTAYAM DEPOT., PIN - 686533
4 JOHNYKUTTY.M.P., AGED 54 YEARS
S/O PHILIP, MURIYANTHARA HOUSE, KUMARAKOM.P.O.,
KOTTAYAM CONDUCTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, KOTTAYAM DEPOT., PIN - 686533
5 BINUMON.T.K., AGED 47 YEARS
S/O THANKAPPAN, THYPARAMBIL, S.PURAM, KURICHY,
KOTTAYAM CONDUCTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, PONKUNNAM DEPOT., PIN - 686532
6 MANOJ.M.G, AGED 49 YEARS
S/O GOPI.M.K., MANGALATH HOUSE, PERIYAPPURAM,
ONAKKOOR, ERNAKULAM CONDUCTOR, KERALA STATE ROAD
TRANSPORT CORPORATION, PIRAVOM DEPOT., PIN - 686667
7 P.P.ANSARI, AGED 52 YEARS
S/O P.S. THAMPI, PUTHUPARAMBIL, CHENGAPPADY,
KANJIRAPPALLY, KOTTAYAM CONDUCTOR, KERALA STATE ROAD
TRANSPORT CORPORATION, PONKKUNNAM DEPOT., PIN - 686520
8 P.S. AJEESH KUMAR, AGED 48 YEARS
S/O K.R. SOMAN NAIR KALAPURACKAL HOUSE, SOUTH
WP(C) NOs. 33337 & 33294 OF 2023
3
PAMPADY.P.O. KOTTAYAM, 6 CONDUCTOR, KERALA STATE ROAD
TRANSPORT CORPORATION, ERATTUPETTA DEPOT., PIN - 686521
9 SIJO.M. DANIEL, AGED 46 YEARS
S/O P.D. MARKOSE, PUTHUPARAMBIL HOUSE,
INDUSTRIAL NAGAR.P.O. CHANGANASSERY,
KOTTAYAM CONDUCTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, KOTTAYAM DEPOT., PIN - 686106
10 MAGHEW,J.O JOMATHEW, AGED 50 YEARS
S/O VARGHESE MATHEW MULLANKUZHI, S PURAM, KURICHI,
KOTTAYAM, CONDUCTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, KATTAPPANA DEPOT., PIN - 686532
11 K.RADHAKRISHNAN, AGED 48 YEARS
S/O KITTA, THUMBIPALLAM, PANAYUR.P.O.,
PULPALLY, PALAKKAD DRIVER, KERALA STATE ROAD TRANSPORT
CORPORATION, CHITTOOR DEPOT., PIN - 678552
12 M. SHAHUL HAMEED, AGED 54 YEARS
S/O MUHAMMED, PELACHIRANKADU HOUSE, KANNANUR.P.O.,
KOZALMANNAM, PALAKKAD DRIVER, KERALA STATE ROAD
TRANSPORT CORPORATION, PALAKKAD DEPOT., PIN - 678602
13 M.SIVAKUMAR, AGED 52 YEARS
S/O MANI, KORANGODE HOUSE, THENKURISSI.P.O.,
PALAKKAD DRIVER, KERALA STATE ROAD TRANSPORT
CORPORATION, PALAKKAD DEPOT., PIN - 678671
BY ADVS.
B.S.SWATHI KUMAR
ANITHA RAVINDRAN
HARISANKAR N UNNI
VINEETHA BOSE
SANJO PRAKASH C.
RESPONDENTS :-
1 KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM .
REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695023
2 THE CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT.P.O.,
THIRUVANANTHAPURAM, PIN - 695023
WP(C) NOs. 33337 & 33294 OF 2023
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3 THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
KOTTAYAM, PIN - 686001
4 THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
PALAKKAD, PIN - 678001
5 THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
ERNAKULAM, PIN - 682012
6 THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
IDUKKI, PIN - 685608
SRI. DEEPU THANKAN, SC FOR KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH W.P.(C) NO.33337 OF 2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 33337 & 33294 OF 2023
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JUDGMENT
These petitions are filed by the petitioners challenging the order dated
11.09.2023 issued by the Chairman and Managing Director of the Kerala
State Road Transport Corporation ('Corporation' for the sake of brevity).
2. The above order was issued pursuant to the directions issued
by this Court in W.P.(C) No.16405 of 2018 and connected cases. The
aforementioned Writ Petitions were filed by employees of the Corporation
challenging their termination, contending that they have served the
corporation for years together and have acquired the right for regularisation
in service.
3. After considering the contentions of the contesting parties, this
Court disposed of the matter, ordering the consideration of the grievances,
and the manner in which it had to be done was also outlined. For clarity,
the specific directions issued by this Court while disposing of the matter are
extracted below for convenience:
(a) The impugned orders of the KSRTC, terminating the
services of the petitioners, are hereby set aside.
(b) The competent Authority of the KSRTC is directed to
intimate the petitioners and to afford them specific dates for hearing,
on which day they will be entitled to produce every document in their
possession to establish that they had put in ten years of service and
had served 120 days of duty every year until 21.12.2011.
(c) In the event any of the petitioners are in possession of
WP(C) NOs. 33337 & 33294 OF 2023
either inadequate documents to prove the above, or do not have
them in their possession on account of the efflux of time, their case
will be considered based on their Service Books along with Voucher
of payment, Attendance Register, Check Sheet Register, Cash Counter
Register, Rack Issue Register, which shall also be shown to them by
the competent Authority of the KSRTC, with an opportunity to them
to verify its contents; to ascertain the actual days served by them
every year until 21.12.2011. The afore exercise shall be completed
by the KSRTC within a period of six months from the date of receipt
of a copy of this judgment.
(d) If, through the afore exercise, any of the petitioners are
found to have put in ten years of service and 120 days of duty every
year until 21.12.2011, then their regularisation shall be ordered by
the KSRTC in terms of law, without any avoidable delay but not later
than three months therefrom.
(e) Axiomatically, if the KSRTC is to find that the petitioners
or any of them do not satisfy the aforementioned twin criteria, then
they will have the competence to issue appropriate termination
orders with effect from the relevant dates.
(f) It goes without saying that if there is any case among
these batch in which the services of the petitioners are conceded to
have been more than ten years and 120 days of duty per year until
21.12.2011, then the afore enquiry need not be affected against
them and they shall be granted the benefit of regularisation in terms
of the Government Order aforementioned, within a period of two
months from the date of receipt of a copy of this judgment .
(g) Finally, as regards those petitioners who have attained
the age of superannuation, the benefits consequent to the afore
exercise shall also lead to necessary pensionary benefits and other
emoluments, as may be entitled to those who have been in service at
the relevant time. As far as persons who already died, the benefits
entitled to their families shall also be disbursed in the same manner.
WP(C) NOs. 33337 & 33294 OF 2023
4. The exercise that was to be carried out was to ascertain whether
the petitioners had put in more than ten years and 120 days of duty per
year until 21.12.2011. The petitioners ought to have been permitted to
produce the documents in their possession and in the event of them not
having the necessary documents, the competent authority was ordered to
permit the petitioners to verify the documents in possession of the
documents mentioned in the condition (c) of paragraph 21 of the judgment.
The petitioners contend that the respondents did not adhere to the
directions provided by this Court. Specifically, the petitioners allege
violations of directions in (b) and (c) of the judgment rendered by this
Court.
5. I have heard the submissions of Sri.K.S.Hariharaputhran, counsel
for the petitioners in W.P.(C) No.33337 of 2023; Sri.Swathi Kumar B.S,
counsel for the petitioners in W.P.(C) No.33294 of 2023; and Sri.Deepu
Thankan, standing counsel for the respondents.
6. Sri.Swathi Kumar S emphasizes that without comparing the
documents in possession of the petitioners with those mentioned in clause
(c), the purpose of the exercise will not be served.
7. Though Sri.Deepu Thankan vehemently submitted that only in the
event of the petitioner requesting for an opportunity to pursue the
documents that such an opportunity is required to be granted.
WP(C) NOs. 33337 & 33294 OF 2023
8. On an evaluation of the facts and circumstances and the
submissions made, I find that the order dated 11.09.2022 issued by the
Chairman and Managing Director is clearly not in consonance with the
directions issued by this Court. The order discloses that the documents
placed before the authority by the petitioners were perused, and their
request for regularisation was rejected. Direction (c) mandates the
respondents to consider the claim of the petitioners based on their Service
Books along with Voucher of payment, Attendance Register, Check Sheet
Register, Cash Counter Register, and Rack Issue Register. The respondents
were bound to permit the petitioners to verify the above records so as to
ascertain the actual days served by them every year until 21.12.2011.
Obviously, no such opportunity was granted. The respondents were bound
to grant an opportunity to verify the records as ordered in the judgment. In
that view of the matter, the impugned order cannot be sustained under law.
9. At this stage, Sri Deepu Thankan submitted that another
opportunity can be granted in terms of the directions issued by this Court
and submitted that the petitioners may be directed to appear before the
competent authority on any day between 25.10.203 and 28.10.203.
10. Having considered the submissions advanced, I am of the view
that the proceedings dated 11.9.2023 issued by the Chairman and Managing
Director cannot be sustained under law. The same is quashed. There will
be a direction to the competent authority to reconsider the matter strictly in
WP(C) NOs. 33337 & 33294 OF 2023
terms of the directions issued by this Court in judgment dated 16.8.2022 in
W.P.(C) No.16405/2018 and connected cases. For expeditious compliance
and as agreed upon by the learned standing counsel appearing for the
respondents and the learned counsel appearing for the petitioners, the
petitioners shall appear before the competent authority between 10 am and
5 pm on any day between 25.10.2023 and 28.10.2023. The competent
authority shall act in terms of directions and take appropriate decisions.
These writ petitions are disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
SMA
WP(C) NOs. 33337 & 33294 OF 2023
APPENDIX OF WP(C) 33294/2023
PETITIONER EXHIBITS :-
Exhibit P1 TRUE COPY OF THE ORDER NO.
G.O.(MS)NO. 78/2011/TRAN DATED
22-12-20211
Exhibit P2 TRUE COPY OF THE JUDGMENT IN
W.P.(C)NO. 16405/2018 DATED 16-8-22
Exhibit P3 TRUE COPY OF THE QUESTIONNAIRE DATED
16-12-2022 ISSUED TO THE 12TH
PETITIONER
Exhibit P4 TRUE COPY OF THE ORDER NO.
PL16/004985/2017(A&V A2) DATED
11-9-2023 OF THE 1ST RESPONDENT.
WP(C) NOs. 33337 & 33294 OF 2023
APPENDIX OF WP(C) 33337/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO.PL.16/014915/12 DATED
14-05-2015, ISSUED BY THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE CASH RECEIPT NO.084848 DATED
05-09-1996 ISSUED BY THE OFFICE OF DTO, KSRTC
ALAPPPUZHA
Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 24.12.1997 ISSUED
BY THE DISTRICT TRANSPORT OFFICER, ALAPPUZHA, TO THE
1ST PETITIONER
Exhibit P4 TRUE COPY OF THE ORDER NO PL 12/025739/2008 DATED
13.2.2015, ISSUED BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE CASH RECEIPT NO.001221 DATED
27-11-2000, ISSUED BY THE DTO KSRTC KOTTAYAM
Exhibit P6 TRUE COPY OF THE MEMORANDUM NO.E2.816/2000/KTM DATED
NIL ISSUED BY THE DISTRICT TRANSPORT OFFICER
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 16-08-2022 IN WP (C)
NO.16405 OF 2018 OF THIS HON'BLE COURT
Exhibit P8 TRUE COPY OF THE ORDER NO.PL16/004985/2017 (A & V A2)
DATED 11.09.2023, ISSUED BY THE 3RD RESPONDENT
