S. S. Saju vs Kerala State Road Transport ...
2023 Latest Caselaw 10597 Ker

          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. 28665 OF 2023

PETITIONER:

         S. S. SAJU.
         SELECTION GRADE CONDUCTOR, THIRUVANANTHAPURAM
         CENTRAL UNIT, KERALA STATE ROAD TRANSPORT
         CORPORATION, THIRUVANANTHAPURAM-695023.
         RESIDING AT THENGUVILA HOUSE, NILAMEL P O,
         KOLLAM DISTRICT, PIN - 691535

         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    THE CHAIRMAN AND MANAGING DIRECTOR,
         TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM.,
         PIN - 695023

    3    THE DISTRICT OFFICER,
         THIRUVANANTHAPURAM, KERALA STATE ROAD TRANSPORT
         CORPORATION, PAAPANAMCODE, THIRUVANANTHAPURAM,
         PIN - 695023

    4    JIMMY,
         VIGILANCE INSPECTOR, CHIEF OFFICE,
         TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM,
         PIN - 695023
 W.P(C) No.28665 of 2023

                             2

            SRI. DEEPU THANKAN, SC FOR KSRTC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C) No.28665 of 2023

                                  3



                               JUDGMENT

The petitioner states that he is employed as a Selection Grade

Conductor in the Thiruvananthapuram Central Unit of the Kerala State Road

Transport Corporation. He states that he is due to retire on 31.05.2024.

He has approached this Court challenging Ext.P1 order by which the

petitioner has been transferred from Thiruvananthapuram Central Unit to

Nedumkandam(Kattappana) on administrative grounds.

2. When this case had come up for consideration on 25.8.2023,

this Court had passed an interim order directing the 2nd respondent to

ascertain and submit as to whether the petitioner can be accommodated in

any nearer station.

3. When the matter was taken up on 3.10.2023, it was submitted

before this Court that the earlier order of transfer of the petitioner from

Thiruvananthapuram has been reviewed, and he has been transferred to

Poovar, a nearby unit.

4. The learned counsel for the petitioner submits that the

petitioner has joined the Poovar Unit. He points out that as the petitioner

is to attain superannuation on 31.5.2024, as per the Rules, he is entitled to

go back to his Home Depot. The learned counsel submits that he has filed

a representation before the 2nd respondent and requests that the said W.P(C) No.28665 of 2023

representation dated 12.10.2023 be ordered to be considered. The learned

counsel also submits that one month's salary is due to the petitioner. He

requests that while considering the representation, the same shall also be

ordered to be considered.

5. Having regard to the facts and circumstances and the

submissions made across the bar, this writ petition is disposed of, directing

the 2nd respondent to consider the representation dated 12.10.2023 filed

by the petitioner and take a decision on its merits and in accordance with

the law, expeditiously, in any event, within a period of six weeks from the

date of receipt of a copy of this judgment.

The petitioner shall place a copy of the judgment before the

concerned respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP W.P(C) No.28665 of 2023

APPENDIX OF WP(C) 28665/2023

PETITIONER'S EXHIBITS:

Exhibit-P1 A TRUE COPY OF THE TRANSFER ORDER DATED 23.08.2023 ISSUED BY THE DISTRICT OFFICER, THIRUVANANTHAPURAM

Exhibit-P2 A TRUE COPY OF THE SERVICE AND WAGES SETTLEMENT OF THE YEAR 2021

RESPONDENTS' EXHIBITS:

ANNEXURE R-1 A TRUE COPY OF THE MEMORANDUM DATED 07/10/2023