Kerala High Court
Kerala State Road Transport ... vs K.K.Prasanth on 3 March, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
Monday, the 3rd day of March 2025 / 12th Phalguna, 1946
WA NO. 1252 OF 2023
AGAINST JUDGMENT DATED 10/04/2023 IN W.P(C) NO.5656/2023 & ORDER DATED
21/06/2023 IN RP 555/2023 OF THIS COURT
APPELLANTS/RESPONDENTS 1 TO 3:
1. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST
FORT, THIRUVANANTHAPURAM-695023 REPRESENTED BY ITS CHAIRMAN AND
MANAGING DIRECTOR.
2. THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM -
695035
3. THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD
TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM - 695023
BY K.JAJU BABU (SR.) & ADVS.M/S.DEEPU THANKAN, UMMUL FIDA, LAKSHMI
SREEDHAR, LEKSHMI P. NAIR, NAMITHA K.M.
RESPONDENTS/PETITIONER & ADDL.RESPONDENTS 4 AND 5:
1. K.K.PRASANTH AGED 42 YEARS S/O. KUNHIKANNAN, KUNNIYAMPURATH,
NOOLPUZHA P.O., WAYANAD, PIN - 673592 ,PSC RANK-LIST NO. 4203.,
2. MOHAMMED MUSTHAFA P ., AGED 47 YEARS S/O. P.MUHAMMED, PALAKKAL
HOUSE, TRIKKALANGODE P.O., KARAKKUNNU, MALAPPURAM DISTRICT - 676123
3. ASHOKAN G. , AGED 49 YEARS S/O.GANESHAN ACHARY, KOLINCHIVILA
PUTHEVEEDU, MUKKOODU, P.O., MULAVANA, KUNDARA, KOLLAM - 691503
4. *ADDL.R4: STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT OF KERALA, TRANSPORT DEPARTMENT, GOVERNMENT SECREATARIAT,
THIRUVANANTHAPURAM *ADDITIONAL R4 IS SOU MOTU IMPLEADED AS PER ORDER
DATED 18.08.2023 IN WA.NO.1252/2023
BY ADV.SRI. ANIL KUMAR M.SIVARAMAN FOR R1 & R2
ADV.SRI.ANIL KUMAR M.SIVARAMAN & ADV.SRI. P.JAYAKUMAR FOR R3
SRI.GOPALAKRISHNA KURUP, ADVOCATE GENERAL & GOVERNMENT PLEADER FOR R4
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the impugned judgment passed by the Learned Single Judge dated
10/04/2023 in W.P.(C) No.5656/2023,pending disposal of the Writ Appeal.
This Writ Appeal again coming on for orders along with connected
cases on 03/03/2025 upon perusing the appeal memorandum and this court's
order dated 24.02.2025 the court on the same day passed the following:
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
--------------------------------------------------
W.A.Nos.1252/2023, 1793/2023, 1794/2023 &
W.P(C)No.37112/2024
--------------------------------------------------
Dated this the 3rd day of March, 2025
O R D E R
Devan Ramachandran, J.
A statement has been filed on behalf of the 4 th respondent
in obedience to our order dated 14.01.2025, wherein, the
financial status of the Kerala State Road Transport Corporation
(KSRTC) has been explained, as also the number of persons
appointed on temporary basis. The statement says that the
present fiscal scenario of the KSRTC do not make any allowance
for permanent appointments and that it will be done only if it
improves in future.
2. However, our specific direction to the Government, in
our order dated 06.01.2025, was that it should explain whether
the appointments of temporary hands to permanent vacancies is
viewed by it as being exploitative trade practice, as defined by
the Honourable Supreme Court even recently. This has not been
specifically answered.
WA 1252/23 & connected
3. We, however, understand the predicament because, it
is stated even by the KSRTC that, if all vacancies are to be
filled up substantively, it would find it impossible to honour the
salary, much less other service commitments.
4. The learned counsel for the appellants, however,
submitted that the fiscal condition of the KSRTC is not as now
being sought to be projected; and offered to place on record
necessary documents in substantiation.
5. That said, the learned counsel for the appellants also
made an offer that, if the KSRTC is to take the stand as above
recorded, then they could have as well appointed the persons in
the Rank Lists prepared by the Public Service Commission (PSC)
as per seniority therein to the temporary vacancies. They argued
that even this is not being done, which establishes the malice
involved.
6. The contra submission of Sri.Deepu Thankan -
learned Standing Counsel for the KSRTC, was that his client had
invited persons in the Rank List for being appointed on a
WA 1252/23 & connected
temporary basis, but that, save those who are presently
working, the others even did not respond.
7. Therefore, as we see it, the fiscal position of the
KSRTC will have to be clearly evaluated. For this, both the
learned counsel for the appellants and the learned Standing
Counsel for the KSRTC offered to place on record necessary
documents and pleadings. We order them to do so within the
next posting date.
8. On the request of the respondents that they be
considered for appointments to temporary/'Badli' vacancies,
Sri.Deepu Thankan offered to place additional pleadings,
indicating the actual number of drivers working in such position
viz a viz those who have been appointed from the Rank List.
We permit him to do so by the next posting date; however,
clarifying that it will also be informed to us whether the entire
'Badli' vacancies can be eventually filled up by those persons
who are in the Rank List, preferably in order of seniority as
available.
WA 1252/23 & connected
9. We do not propose to direct the Government to place
on record any further clarifications on the question of
exploitative trade practice since their stand is more or less
clear. Therefore, the question whether it amounts to such will
be decided by us when we hear and dispose of the Writ
Appeals eventually.
Post these matters for further consideration on 25.03.2025.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
Sd/-
M.B.SNEHALATHA, JUDGE
RR
03-03-2025 /True Copy/ Assistant Registrar
