Kerala High Court
Dulkifeley P vs Kerala State Road Transport ... on 22 October, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:78374
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WP(C) NO. 36527 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 36527 OF 2024
PETITIONER/S:
DULKIFELEY P
AGED 51 YEARS
S/O MUHAMMED, POOVATHNINGAL HOUSE, CHAMAL P.O,
THAMARASSERY, KOZHIKODE DISTRICT (EX-DRIVER, KSRTC,
MANANTHAVADY DEPOT), PIN - 673573
BY ADV N.SASIDHARAN UNNITHAN
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REP. BY THE MANAGING DIRECTOR TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM, PIN - 695023
2 MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM, PIN - 695023
3 EXECUTIVE DIRECTOR (ADMINISTRATION)
KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM, PIN - 695023
4 ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION MANATHAVADY
DEPOT, WAYANAD DISTRICT, PIN - 671310
BY ADV DEEPU THANKAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 36527 OF 2024
JUDGMENT
The petitioner while working as Driver in the
Kerala State Road Transport Corporation (for short,
'KSRTC') was removed from service by Ext.P3 order
dated 01.10.2018. Challenging Ext.P3 order, the
petitioner has preferred Ext.P5 appeal dated
17.09.2021 under Rule 23 of the Kerala Civil
Services (Classification, Control & Appeal) Rules,
1960 (for short, 'Rules') before the 2 nd respondent.
The limited prayer of the petitioner is for a
consideration of Ext.P5 appeal by the 2nd respondent.
2. Heard the learned counsel for the
petitioner and the learned standing counsel for the
KSRTC.
3. The learned Standing Counsel for the
KSRTC submits that Ext.P5 appeal has been
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WP(C) NO. 36527 OF 2024
preferred after a delay of three years and that Rule
25 of the Rules provides for a time limit of two
months to prefer an appeal.
4. The learned counsel for the petitioner
submits that Ext.P3 order was served on the
petitioner only long later and he could not prefer the
appeal as it was the period of Covid pandemic. The
learned counsel also submits that the petitioner will
file necessary application for condonation of delay in
filing Ext.P5 appeal.
In the facts and circumstances of the case
and having regard to the submissions made across
the Bar, there will be a direction to the 2 nd
respondent to consider Ext.P5 appeal in accordance
with law and as expeditiously as possible, at any
rate, within a period of three months from the date
of receipt of a copy of this judgment, after hearing
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WP(C) NO. 36527 OF 2024
the petitioner. It will be open to the petitioner to
file necessary application for condonation of delay, if
advised.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.
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WP(C) NO. 36527 OF 2024
APPENDIX OF WP(C) 36527/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ORDER NO. D. DIS. PL13/01199/15
DATED 16/12/2015 OF THE MANAGER (ACCOUNTS) OF
THE KSRTC
Exhibit P2 TRUE COPY OF THE MEMO DATED 23/7/2019 OF THE
4TH RESPONDENT, ISSUED TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE ORDER NO. PL11/000806/2018
DATED 1/10/2018 OF THE 3 RD RESPONDENT,
REMOVING THE PETITIONER FROM SERVICE
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
25/6/2021 OF THE PETITIONER SUBMITTED TO THE
4TH RESPONDENT
Exhibit P5 TRUE COPY OF THE APPEAL DATED 17/9/2021 OF
THE PETITIONER SENT TO THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
28/6/2023 OF THE PETITIONER SUBMITTED TO THE
4TH RESPONDENT
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 5/8/2020 IN
W.P (C) NO. 1097/2020 OF THIS HONOURABLE
COURT
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 5/1/2021 IN
WA NO. 12 / 2021 OF THIS HONORABLE COURT
