Kerala High Court
Kerala State Road Transport ... vs S.S. Saju on 2 August, 2021
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WA NO. 952 OF 2021
AGAINST THE ORDER IN WP(C).NO.14377/2021 OF THE HIGH COURT OF KERALA,
ERNAKULAM
APPELLANTS/RESPONDENTS 1 TO 4:
1 KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
FORT, THIRUVANANTHAPURAM- 695 023.
2 CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM- 695 023.
3 THE EXECUTIVE DIRECTOR
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM- 695 023.
4 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA DEPOT,
ALUVA- 683 101.
BY SRI.DEEPU THANKAN, SC, KSRTC
RESPONDENT/PETITIONER:
S.S. SAJU, THENGUVILA HOUSE, NILAMEL P.O., KOLLAM
DISTRICT 691 535, CONDUCTOR, KERALA STATE ROAD TRANSPORT
CORPORATION ALUVA DEPOT, ERNAKULAM
BY ADV SRI.V.PREMCHAND
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A. No. 952 of 2021
2
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
-----------------------------------------------------------------------------
W.A. No. 952 of 2021
{arising out of the impugned interim order dated 20.7.2021 in
WP(C )No. 14377/2021 }
------------------------------------------------------------------------------
Dated this the 2nd day of August, 2021
JUDGMENT
The learned Single Judge has issued interim order dated 20.7.2021 in WP(C).No.14377/2021 ordering that stay of operation of impugned Ext.P-1 transfer order dated 8.7.2021 till 10.8.2021. Being aggrieved by the said interim order dated 20.7.2021 in WP(C).No.14377/2021, respondents 1 to 4 in the said WP(C) have preferred the instant intra-court appeal.
2. Heard Sri.Deepu Thankan, learned Standing Counsel for the Kerala State Road Transport Corporation (KSRTC) appearing for the appellants/respondents 1 to 4 in the WP(C) and Sri.V.Premchand, learned counsel appearing for the respondent in the W.A./writ petitioner.
3. It is seen that the impugned interim order passed by the W.A. No. 952 of 2021 3 learned Single Judge is only to the effect that the impugned Ext.P-1 transfer order shall stand stayed till 10.8.2021, and the case has been posted to 10.8.2021 for further consideration. After hearing both sides, we are of the firm view that the present impugned order may not be amenable for appellate challenge in terms of Sec.5(i) of the Kerala High Court Act, 1958, in view of the dictum laid down by the larger bench of this Court in the decision in K.S.Das v. State [1992 (2) KLT 358 (FB)]. In majority verdict, the Larger Bench has held in para 46 of K.S.Das's case supra that that the word 'order' appearing in Sec.5(i) of the Kerala High Court Act, 1958, includes apart from other orders, orders passed by the High Court in miscellaneous petitions filed in writ petitions, provided the orders are to be in force pending the writ petition. An appeal would lie against such orders only if the orders substantially affect or touch upon the substantial rights or liabilities of the parties or are matters of moment and cause substantial prejudice to the parties.
4. In view of the abovesaid well settled dictum laid down by the Larger Bench in K.S.Das's case supra, we are of the view that an W.A. No. 952 of 2021 4 appeal in this case is not maintainable. However, since, the order under challenge is a transfer order, we would request the learned Single Judge to consider the final disposal of the main matter in the WP(C) without much delay, preferably by the fourth week of August, 2021.
With these observations and directions, the above Writ Appeal will stand dismissed.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
A.BADHARUDEEN, JUDGE MMG