Kerala High Court
Nixy James vs The Kerala State Road Transport ... on 6 November, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.39087/2024 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Wednesday, the 6th day of November 2024 / 15th Karthika, 1946
WP(C) NO. 39087 OF 2024 (I)
PETITIONER:
NIXY JAMES, AGED 47 YEARS, W/O. SIBY PHILIP, SUPERINTENDENT, THE
KERALA STATE ROAD TRANSPORT CORPORATION, OFFICE OF THE ASSISTANT
TRANSPORT OFFICER, THALSSERY, RESIDING AT NELLIKKUNNATH HOUSE,
CHIYYARAM.P.O., THRISSUR, PIN - 670 001.
RESPONDENTS:
1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,
THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695
001.
2. THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN - 695 001.
3. THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT
CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN - 695 001.
4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT
CORPORATION, THALASSERY, KANNUR DISTRICT, PIN - 670 001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd respondent to consider Ext.P4 and Ext.P5
requests, pending disposal of the writ petition (civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.O.D.SIVADAS, Advocate for the petitioner and of STANDING COUNSEL for
the respondents, the court passed the following:
WP(C) No.39087/2024 2/5
MURALI PURUSHOTHAMAN, J.
========================
W.P.(C) No.39087 of 2024
==================
Dated this the 06th day of November, 2024
ORDER
The petitioner challenges Ext.P1 order
whereby the petitioner and two others were
transferred from Thrissur to various depots.
Challenging Ext.P1 order, the petitioner has
earlier approached this Court by filing W.P.(C)
No.6561 of 2023 which came to be dismissed by
Ext.P2 judgment (Nixy James v. Kerala State
Road Transport Corporation (2023 (3) KLT
893)]. Against Ext.P2, the petitioner preferred an
appeal and the Division Bench, by Ext.P3
judgment, disposed of the appeal. Paragraph No.3
of the said judgment reads as follows:
"Having heard the counsel on either
side, we find no infirmity in the judgment
under appeal. However, we direct that in
case the petitioners approach the 2 nd
respondent with fresh representations
pointing out the availability of the
vacancies close to their home districts or
earlier places of posting, the same shall
be taken up for consideration and
appropriate orders shall be passed within
a period of six seeks from the date of
receipt of a copy of this judgment."
2. The grievance of the petitioner is that
despite the specific direction of the Division Bench
in Ext.P3 judgment, no orders have been passed on
Exts.P4 and P5 representations submitted by the
petitioner requesting for a transfer to Mala/
Thrissur depots. The petitioner states that the two
other employees who were transferred along with
her were posted back to their home stations.
Learned Standing Counsel to get instructions.
Post on 20.11.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
06-11-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 39087/2024
Exhibit - P1 THE COPY OF THE MEMORANDUM DATED 23.02.2023 ISSUED BY
THE 3RD RESPONDENT
Exhibit - P2 THE COPY OF THE JUDGMENT IN WP(C) NO. 6561 OF 2023
DATED 6.03.2024
Exhibit - P3 THE COPY OF THE JUDGMENT DATED 20.10.2023 IN WA NO. 594
OF 2023
Exhibit - P4 THE COPY OF THE REQUEST DATED 08.07.2024 SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit - P5 THE COPY OF THE REQUEST DATED 19.10.2024 SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
06-11-2024 /True Copy/ Assistant Registrar
