Kerala High Court
A.K.Santhosh Kumar vs State Of Kerala Represented By The ... 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.42624 OF 2023
PETITIONERS:
1 A.K.SANTHOSH KUMAR, AGED 52 YEARS,
S/O. KUTTAPPAN NAIR, DRIVER GRADE-II, K.S.R.T.C.,
PATHANAMTHITTA DEPOT AND RESIDING AT ANANDAVILASAM,
THEKKEMALA P.O, KOZHENCHERRY, PATHANAMTHITTA DISTRICT,
PIN - 689 654
2 SURESH KUMAR C.R, AGED 54 YEARS,
S/O. K.N. RAMAKRISHNAN NAIR (LATE), DRIVER GRADE-II,
K.S.R.T.C., PATHANAMTHITTA DEPOT AND RESIDING AT
CHEMMATTUSSERIL HOUSE, NARAGANAM NORTH-P.O, KOZHENCHERRY,
PATHANAMTHITTA DISTRICT, PIN - 689 654
BY ADV N.UNNIKRISHNAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO
THE GOVERNMENT,
TRANSPORT (A) DEPARTMENT, 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, TRANSPORTBHAVAN,
EAST FORT, THIRUVANANTHAPURAM, PIN - 695 023
4 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
PATHANAMTHITTA DEPOT, PATHANAMTHITTA, PIN - 689 001
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:
2
W.P.(C)No.42624 of 2023
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 Driver on 10.03.1999 at Thiruvalla Depot
as a provisional hand after selection proceedings. Their service was
regularized as per order dated 14.11.2014 to the post of Driver Grade II,
and the regularization was on the basis of G.O.(MS) No.78/2011/TRAN
dated 22.12.2011. 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 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; therefore, there
is delay and latches on the part of the petitioners in approaching this court,
and, therefore, they are not entitled to any relief.
6. A perusal of Ext.P5 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
register, check sheet register, cash counter register, rack issue register,
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.P27 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 P5. 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
ss
APPENDIX OF WP(C) 42624/2023
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 MEMORANDUM
NO.PL12/025739/2008 DATED 14.11.2014 IN
RESPECT OF FIRST PETITIONER
Exhibit P3 A TRUE COPY OF MEMORANDUM
NO.PL12/025739/2008 DATED 22.08.2014 IN
RESPECT OF SECOND PETITIONER
Exhibit P4 A TRUE COPY OF INTERIM STAY ORDER DATED
03.09.2018 IN W.P.(C) NO.16405/2018 (A)
Exhibit P5 A TRUE COPY OF JUDGMENT DATED 16.08.2022 IN
Exhibit P6 A TRUE COPY OF CONSOLIDATED STATEMENT OF
ATTENDANCE DETAILS IN RESPECT OF FIRST
PETITIONER, A.K. SANTHOSH KUMAR
Exhibit P7 A TRUE COPY OF CONSOLIDATED STATEMENT OF
ATTENDANCE DETAILS IN RESPECT OF THE SECOND
PETITIONER
Exhibit P8 A TRUE COPY OF PAY BILL FOR 1/1999 TO
12/1999 ISSUED TO THE FIRST PETITIONER
Exhibit P9 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE FOR THE YEAR 2000 KEPT BY THE
FIRST PETITIONER
Exhibit P10 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE FOR THE YEAR 2001 KEPT BY THE
FIRST PETITIONER
Exhibit P11 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE FOR THE YEAR 2002 TO 2006 KEPT
BY THE FIRST PETITIONER
Exhibit P12 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE FOR THE YEAR 2007 KEPT BY THE
FIRST PETITIONER
Exhibit P13 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE FOR THE YEAR 2008 TO 2011 KEPT
BY THE FIRST PETITIONER
Exhibit P14 A TRUE COPY OF PAY BILL FOR 1/1999 TO
12/1999 ISSUED TO THE SECOND PETITIONER
Exhibitp15 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE DETAILS FOR1/2000 TO 12/2000 OF
SECOND PETITIONER
Exhibit P16 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE DETAILS FOR 1/2001 TO 6/2001OF
SECOND PETITIONER
Exhibit P17 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE DETAILS FOR 1/2002 TO 12/2002OF
SECOND PETITIONER
Exhibit P18 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE DETAILS FOR 1/2003 TO 12/2003 OF
SECOND PETITIONER
Exhibit P19 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE DETAILS FOR 1/2004 TO 12/2004 OF
SECOND PETITIONER
Exhibit P20 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCES FOR 1/2005 TO 12/2005 OF SECOND
PETITIONER
Exhibit P21 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE FOR 1/2006 TO 12/2006 OF SECOND
PETITIONER
Exhibit P22 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE FOR 1/2007 TO 12/2007 OF SECOND
PETITIONER
Exhibit P23 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE FOR 1/2008 TO 12/2008 OF SECOND
PETITIONER
Exhibit P24 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE FOR 1/2009 TO 12/2009 OF SECOND
PETITIONER
Exhibit P25 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE FOR 1/2010 TO 12/2010 OF SECOND
PETITIONER
Exhibit P26 A TRUE COPY OF BREAK UP DETAILS OF
ATTENDANCE FOR 1/2011 TO 12/2011 OF SECOND
PETITIONER
Exhibit P27 A TRUE COPY OF THE MEMORANDUM NO. A & V A2
/007202/23 DATED 25.10.2023 ISSUED BY THE
THIRD RESPONDENT
Exhibit P28 A TRUE COPY OF JUDGMENT DATED 22.11.2023 IN
