Kerala High Court
P.G. Sivaprasad vs State Of Kerala Represented By The Chief ... on 21 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 16265 OF 2024
PETITIONER:
P.G. SIVAPRASAD AGED 45 YEARS CONDUCTOR GRADE-II, S/O
GOVINDAKURUP , K.S.R.T.C. MAVELIKKARA DEPOT AND
RESIDING AT SIVAM, PERINGALA-P.O,, KAYAMKULAM,
ALAPPUZHA DISTRICT, PIN - 690519
BY ADV N.UNNIKRISHNAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY
TO THE GOVERNMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT
BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695
023 REPRESENTED BY ITS CHAIRMAN &MANAGING
DIRECTOR., PIN - 695023
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE
ROAD TRANSPORT CORPORATION,TRANSPORT
BHAVAN, EAST FORT, THIRUVANANTHAPURAM-., PIN - 695023
4 THE DISTRICT OFFICER KERALA STATE ROAD TRANSPORT
CORPORATION, MAVELIKKARA DEPOT,
ALAPPUZHA DISTRICT, PIN - 690101
5 THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD
TRANSPORT CORPORATION, MAVELIKKARA DEPOT, PIN -
690101
SRI.DEEPU THANKAN - STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) NO. 16265 OF 2024
JUDGMENT
Dated this the 21st day of May, 2024
1. The Petitioner claims that he has been working in the 2 nd
respondent Corporation since 14.08.2000 as Conductor.
Earlier his service was regularized with effect from
22.12.2011 as Conductor Grade-II. After 6 years, his
regularization was cancelled on 02.05.2018 by the 2 nd
respondent. The said cancellation was interfered by this
Court as per Exhibits P2 order and P3 judgment.
2. As per Ext.P3 judgment, the cancellation order was set
aside and the authorities were directed to re-consider the
issue after verifying the records in accordance with the
directions contained in the said judgment, after granting
opportunity to the petitioners to verify the records.
Thereafter, in compliance with Exhibit P3 judgment, the 2 nd
WP(C) NO. 16265 OF 2024
respondent passed Exhibit P1 order rejecting the
regularization of 42 workers, finding that as per the records
they do not secure 10 years service with 120 days duty per
year as on 21.12.2011.
3. One of the 42 workers in Ext.P1 namely Mr.Benoy
Joseph challenged Exhibit P1 order in this Court by filing W.P.
(C) No.38694 of 2023, and this Court as per Exhibit P7
judgment set aside Exhibit P1 produced herein so far as it
relates to the said Mr.Benoy Joseph, finding that Exhibit P1
order was not passed in compliance with the directions
contained in Exhibit P3 judgment. After quashing Exhibit P1,
the competent authority was directed to re-consider the
matter strictly in terms of the directions contained in Exhibit
P3 judgment within a period of 6 weeks from the date of
receipt of a copy of the said judgment. The petitioner therein
is permitted to continue in employment till fresh order is
passed.
WP(C) NO. 16265 OF 2024
4. In the light of Exhibit P7 judgment, the petitioner herein is
also entitled to get similar relief since the very same order
was challenged in the W.P(c) leading to Exhibit P7 judgment.
Accordingly, I dispose of this writ petition setting aside Exhibit
P1 order so far as it relates to the petitioner and direct the 2 nd
respondent re-consider the mater afresh strictly in accordance
with the directions contained in Exhibit P3 judgment within a
period of 6 weeks from the date of receipt of a copy of this
judgment. The petitioner is permitted to continue in service
till fresh order is passed by the 2nd respondent as aforesaid.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
SSK/21/05
WP(C) NO. 16265 OF 2024
APPENDIX OF WP(C) 16265/2024
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 INTERIM STAY ORDER DATED 03.09.2018
Exhibit P3 A TRUE COPY OF JUDGMENT DATED 16.08.2022 IN W.P.(C)
Exhibit P4 A TRUE COPY OF LETTER DATED 20.01.2023 SUBMITTED
TO THE 2ND RESPONDENT
Exhibit P5 A TRUE COPY OF MEMORANDUM NO.PLC/01872/22/DOALP
DATED 03.10.2022 ISSUED BY THE 4TH RESPONDENT
Exhibit P6 A TRUE COPY OF THE MEMORANDUM NO. A & V A2
/007202/23 DATED 25.10.2023 ISSUED BY THE THIRD
RESPONDENT
Exhibit P7 A TRUE COPY OF JUDGMENT DATED 22.11.2023 IN W.P.
Exhibit P8 A TRUE COPY OF JUDGMENT DATED 04.01.2024 IN W.P.
(C ) NO.42624/2023 (A.K. SANTHOSHKUMAR AND ANOTHER
VS. STATE OF KERALA AND OTHERS)
Exhibit P9 A TRUE COPY OF JUDGMENT DATED 04.01.2024 IN W.P.
(C) NO.163/2024 (RAJESH, C.V. AND FOUR OTHERS VS.
STATE OF KERALA AND OTHERS)
