Kerala High Court

Rajesh, C.V vs State Of Kerala Represented By The Chief ... on 4 January, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE BASANT BALAJI

    THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945

                        W.P.(C) NO.163 OF 2024

PETITIONERS:


    1     RAJESH C.V, AGED 48 YEARS, S/O.DAMODARAN,
          CONDUCTOR GRADE-II, KERALA STATE ROAD TRANSPORT
          CORPORATION, PAYYANNOOR AND RESIDING AT LAKSHMI NIVAS,
          PARIYARAM-P.O, KANNOOR, PIN - 670 502
    2     SUNIL KUMAR K, AGED 48 YEARS, S/O GOVINDAN K,
          CONDUCTOR GRADE-II, KERALA STATE ROAD TRANSPORT
          CORPORATION, PAYYANNOOR AND RESIDING AT KANDATHIL
          HOUSE, KALIKADAVU, PALLIVAYAL-P.O, KARAMPAM VIA,
          KANNOOR DISTRICT, PIN - 670 142
    3     SAJITH KUMAR K.K, AGED 42 YEARS,
          S/O. T.A. KUMARAN, CONDUCTOR-GRADE-II,
          KERALA STATE ROAD TRANSPORT CORPORATION,
          KASARAGOD AND RESIDING AT KUTTIPPURATH HOUSE,
          KOTTAMALA P.O, NEELESWARAM VIA,
          KASARAGOD DISTRICT, PIN - 671 314
    4     PRADEEPAN V.V., AGED 46 YEARS,
          S/O. V.V NARAYANAN, CONDUCTOR GRADE-II,
          KERALA STATE ROAD TRANSPORT CORPORATION AND RESIDING
          AT AMBIKA NIVAS, PALLITHURA, KOROM-P.O, PAYYANNOOR,
          KANNOOR DISTRICT, PIN - 670 307
    5     ABDUL NAZIR .C, AGED 54 YEARS,
          S/O MUHAMMED, CONDUCTOR GRADE-II, KERALA STATE ROAD
          TRANSPORT CORPORATION, PAYYANNOOR AND RESIDING AT
          SAYA, NEAR SERVICE STATION, KOROM, PEEDIKA,
          PARIYARM-P.O, KANNOOR-670 502, PIN - 670 502

          BY ADV N.UNNIKRISHNAN
                                    2
W.P.(C)No.163 of 2024


RESPONDENTS:


      1       STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO
              THE GOVERNMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
              PIN - 695 001
      2       KERALA STATE ROAD TRANSPORT CORPORATION,
              TRANSPORT BHAVAN, EAST FORT,
              THIRUVANANTHAPURAM-695 023,
              REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR
      3       THE EXECUTIVE DIRECTOR (ADMINISTRATION),
              KERALA STATE ROAD TRANSPORT CORPORATION,
              TRANSPORT BHAVAN, EAST FORT,
              THIRUVANANTHAPURAM, PIN - 695 023
      4       THE DISTRICT TRANSPORT OFFICER,
              KERALA STATE ROAD TRANSPORT CORPORATION,
              KANNOOR, PIN - 670 001
      5       THE DISTRICT TRANSPORT OFFICER,
              KERALA STATE ROAD TRANSPORT CORPORATION,
              KASARAGOD, PIN - 671 121
              SRI. DEEPU THANKAN, SC


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                3
W.P.(C)No.163 of 2024


                                       JUDGMENT

(Dated: 4th January, 2024)

The petitioners have approached this court against the denial of

employment and for quashing Ext.P1.

2. Brief facts of the case are that the petitioners joined the

service of the 2nd respondent as conductors. The 1st petitioner had joined

the service as a conductor in 1999 at Payyannoor Depot as a provisional

hand after selection proceedings. His service was regularized as per order

dated 19.03.2015 to the post of Conductor Grade II, and the regularization

was on the basis of G.O.(MS) No.78/2011/TRAN dated 22.12.2011. Others

were also given the same. Regularization was ordered for those employees

who had put in eight (8) years of service with 120 duties per year. On the

basis of the judgment of the Apex Court in 2018, the pre-condition for

regularization was modified as 10 years of service with 120 duties per year.

Thereafter, the petitioners' regularization was cancelled as per Ext.P1

order. The petitioners, along with a few other employees, challenged the

cancellation of regularization before this Court in W.P.(C)No.16405 of 2018

and connected cases, and by judgment dated 16.08.2022, this court

disposed of the writ petition directing the respondents to re-consider the

same.

3. The case put forward by the petitioners is that without

complying with the directions issued by this court and without giving the

opportunity of hearing, the 2nd respondent has passed the order holding

that the petitioners could not produce any document to show that they

have actually worked for 120 duties in a year as on 21.12.2011 and have

completed 10 years of service.

4. Heard Sri.N.Unnikrishnan, learned counsel for the petitioners,

and Sri.Deepu Thankan, learned standing counsel for the respondents.

5. The learned counsel for the respondents vehemently opposed

the prayer, stating that Ext.P1 was issued on 11.09.2023 and, therefore,

there is delay and latches on the part of the petitioners in approaching this

court and, therefore, not entitled to any relief.

6. A perusal of Ext.P4 common judgment would make it clear that

the corporation was directed to give the opportunity to the petitioners to

verify the contents of the service books, voucher of payment, attendance

etc., to prove that they have completed 120 duties per year up to

21.12.2011. As per the directions, contained in Clause (c) of paragraph 21

of the judgment of this court in W.P.(C)No.28461 of 2018 and connected

cases, the respondents ought to have given access to the documents in the

possession of the corporation,

7. It is further made clear that the said direction was not

complied with, as Ext.P17 memorandum was issued on 25.10.2023. It

directs all district officers/Unit officers to allow employees like the

petitioners to have access to the documents in possession of the

corporation to verify them to prove that they have worked for 10 years and

completed 120 duties per year. Therefore, it is evident that the

petitioners were not given the opportunity as directed in Ext.

P4. Therefore, Ext.P1 cannot stand in the eye of the law and, therefore, is

quashed.

In the result, there will be a direction to the competent authority to

re-consider the matter strictly in accordance with the judgment of this

court in W.P.(C)No.28461 of 2018, and connected cases and appropriate

orders shall be passed within a period of six weeks from the date of receipt

of a copy of the judgment. The petitioners shall be allowed to continue till

final orders are passed, in the post where they are now continuing.

The writ petition is disposed of accordingly.

Sd/-

BASANT BALAJI, JUDGE

APPENDIX OF WP(C) 163/2024

PETITIONER EXHIBITS:

Exhibit P1 A TRUE COPY OF ORDER NO.PL16/004985/2017 (A & V A2) DATED 11.09.2023 ISSUED BY THE SECOND RESPONDENT Exhibit P2 A TRUE COPY OF THE MEMORANDUM NO.12/025739/30/2008 DATED 19.03.2015 Exhibit P3 A TRUE COPY OF INTERIM STAY ORDER DATED 03.09.2018 IN W.P.(C) NO.16405/2018 (A) Exhibit P4 A TRUE COPY OF JUDGMENT DATED 16.08.2022 IN

Exhibit P5 A TRUE COPY OF CONSOLIDATED STATEMENT OF ATTENDANCE DETAILS OF SHRI RAJESH, C.V. THE 1ST PETITIONER Exhibit P6 A TRUE COPY OF BREAKUP DETAILS OF ATTENDANCE OF THE 1ST PETITIONER FOR THE YEAR 1999 Exhibit P7 A TRUE COPY OF BREAKUP DETAILS OF ATTENDANCE OF THE 1ST PETITIONER FOR THE YEAR 2000-2011 Exhibit P8 A TRUE COPY OF THE CONSOLIDATED STATEMENT OF ATTENDANCE OF THE 2ND PETITIONER Exhibit P9 A TRUE COPY OF THE BREAKUP DETAILS OF ATTENDANCE OF 2ND PETITIONER FROM JUNE 2000 TO 2011 Exhibit P10 A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE OF 3RD PETITIONER Exhibit P11 BREAK UP DETAILS OF ATTENDANCE OF THE 3RD PETITIONER FOR THE YEAR 1999 TO 2008 Exhibit P12 A TRUE COPY OF BREAK UP DETAILS OF THE ATTENDANCE OF THE 3RD PETITIONER FOR THE YEAR

Exhibit P13 A TRUE COPY OF THE CONSOLIDATED STATEMENT OF ATTENDANCE OF THE 4TH PETITIONER Exhibit P14 A TRUE COPY OF THE BREAKUP DETAILS OF ATTENDANCE OF 4TH PETITIONER FOR THE 1999 TO 20.12.2011 Exhibit P15 A TRUE COPY OF THE CONSOLIDATED STATEMENT OF ATTENDANCE OF THE 5TH PETITIONER

Exhibit P16 A TRUE COPY OF THE BREAKUP DETAILS OF ATTENDANCE OF THE 5TH PETITIONER FOR THE YEAR 1999 TO 2011 Exhibit P17 A TRUE COPY OF MEMORANDUM NO. A&V A2 /007202/23 DATED 25.10.2023 ISSUED BY THE 3RD RESPONDENT Exhibit P18 A TRUE COPY OF JUDGMENT DATED 22.11.2023 IN

Exhibit P19 A TRUE COPY OF LETTER DATED 27.10.2023 SUBMITTED BY THE 2ND PETITIONER