Kerala High Court
M.Krishnan Unni vs The Kerala State Road Transport ... on 2 July, 2012
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2014/23RD MAGHA, 1935
WA.No. 57 of 2013 () IN WP(C).25121/2006
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AGAINST THE ORDER/JUDGMENT IN WP(C) 25121/2006 of HIGH COURT OF KERALA
DATED 02-07-2012
APPELLANT(S):
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1. M.KRISHNAN UNNI,
CONDUCTOR, K.S.R.T.C, MANNARKKAD DEPOT,
CHITTRA, ETHIRPANAM, MANNARKKAD P.O,
PALAKKAD.
2. C.J.GEORGE JACOB,
CONDUCTOR, K.S.R.T.C., MANNARKKAD DEPOT,
CHEMPAKASSERIYIL, KARAKURISSI P.O,
PALAKKAD PIN 678 595.
3. C.S.MANIKANTADAS,
CONDUCTOR, K.S.R.T.C., PALAKKAD DEPOT, S/O.C.SURESH,
SURESH BHAVAN, CHEUNANGAD COLONY, CHUNANGAD P.O,
OTTAPALAM, PALAKKAD 679 511.
4. K.K.KALADHARAN,
CONDUCTOR, K.S.R.T.C., PALAKKAD DEPOT, NELLIKKAD HOUSE,
MELPARAMB, KALLEKKAD P.O, PALAKKAD.
5. P.MOHANDAS,
CONDUCTOR, K.S.R.T.C PALAKKAD DEPOT, MULLAKKAL HOUSE,
MANGALAM DAM P.O, PALAKKAD.
6. A.SUBRAMANNIAN,
CONDUCTOR, K.S.R.T.C, PALAKKAD DEPOT, PALAYAM HOUSE,
PULINELLY P.O, KOTTAYI, PALAKKAD.
BY ADV. SRI.V.PHILIP MATHEW
RESPONDENT(S):
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1. THE KERALA STATE ROAD TRANSPORT CORPORATION,
CORPORATION, REPRESENTED BY ITS MANAGING, DIRECTOR
TRANSPORT BHAVAN, TRIVANDRUM.
2. THE DISTRICT TRANSPORT OFFICER,
THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
PALAKKAD 678 001.
DG
WA.No. 57 of 2013 ()
3. THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
PALAKKAD 678 001.
4. THE ASSISTNAT TRNSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
MANNARKKAD 678 582.
5. M.J.SATHEESH,
CONDUCOTR, K.S.R.T.CPALAKKAD 678 001.
6. B.ANILKUMAR,
S/O.BASKARAN NAIR, WORKING OF CONDUCTOR GRI,
KSRTC, NEYYATTINKARA 696 121, LAKSHMI VILASAM,
VILANGAMURI, NEYYATTINKARA.
7. M.GOPAKUMAR,
S/O.K.MURALEEDHARAN NAIR, WORKING AS CONDUCTOR GR.1,
KSRTC, NEYYATTINKARA AND RESIDING AT GOPA NIVAS,
MANALOOR, NEYYATTINKARA P.O, 696 121.
8. SHAJU LAWRENCE,
S/O.J.LAWRENCE, CONDUCTOR GR.1, KSRTC,
THOONGAMPARA, KATTAKADA P.O, 695 572.
9. A.V.RAJMOHAN,
CONDUCTOR, KSRTC, THRISSUR 680 001.
10. P.V.JOSEPH,
CONDUCTOR, KSRTC, THRISSUR 680 001.
11. M.G.MOHAN,
CONDUCTOR, KSRTC, THRISSUR 680 001.
12. K.N.JAYADEVAN,
CONDUCTOR, KSRTC, THRISSUR 680 001
13. C.K.SAINATH,
CONDUCTOR, KSRTC, THRISSUR 680 001
14. K.S.SULAIMMAN,
CONDUCTOR, KSRTC, THRISSUR 680 001
15. T.H.SASIDHRAN,
CONDUCTOR, KSRTC, MALAPPURAM 676 505.
16. V.P.SHAAJIL KUMAR,
CONDUCTOR, KSRTC, MALAPPURAM 676 505.
17. E.M.ABOOBACKER,
CONDUCTOR, KSRTC, MALAPPURAM 676 505.
18. P.MADHU,
CONDUCTOR, KSRTC, MALAPPURAM 676 505.
19. MATHEW JOSEPH,
CONDUCTOR, KSRTC, PALAI 686 575.
20. K.P.PADMAKUMAR,
CONDUCTOR, KSRTC, PALAI 686 575.
21. JOSEPHSON RAJU,
CONDUCTOR, KSRTC, PALAI 686 575.
22. V.N.THANKAPPAN,
CONDUCTOR, KSRTC, PALAI 686 575.
23. THOMAS SEBASTIAN,
CONDUCTOR, KSRTC, PALAI 686 575.
24. K.A.NARAYANAN,
CONDUCTOR, KSRTC, PATHANAMTHITTA 679 322.
25. DAVIS P.JOSE,
CONDUCTOR, KSRTC, THRISSUR 680 001.
26. C.K.UNNIKRISHNAN THAMPAN,
CONDUCTOR, KSRTC, GURUVAYOOR
680 101.
27. A.SANKARANKUTTY,
CONDUCTOR, KSRTC, THRISSUR 680 001.
R1-R4 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC
R6,R7,R 8 BY ADV. SRI.N.UNNIKRISHNAN
R16,R20 & 21 BY ADV. SRI.E.RADHAKRISHNAN
RR-R14 BY ADV. SRI.JEPH JOSEPH
R5 BY ADV. SRI.B.UNNIKRISHNA KAIMAL
R BY SRI. N. UNNIKRISHNAN
R BY SRI.P.RAMAKRISHNAN
R BY SRI.K.A.SALIL NARAYANAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12-02-2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
THOTTATHIL B.RADHAKRISHNAN &
A.MUHAMED MUSTAQUE, JJ.
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W.A.No.57 of 2013
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Dated this the 12th day of February, 2014
J U D G M E N T
Thottathil B.Radhakrishnan, J.
1.This writ appeal is filed by the writ petitioners in W.P.(C). No.25121/2006. They were included in the list prepared by the Kerala Public Service Commission for recruitment to the post of Conductors in the Kerala State Road Transport Corporation, for short, the "Corporation". It appears that the said rank list was not operated for a quite long time, and ultimately, the Association of those included in the rank list moved this Court. The Division Bench in K.P.S.C Reserve Conductors Association and Others v. State [1996 (2) KLT 306] deprecated empanelled and other modes of recruitment without reference to the P.S.C list. The plea of the temporary or other empanelled conductors were turned down by this Court. The Corporation was directed to report vacancies to facilitate P.S.C advising as against those vacancies.
W.A.No.57/13 2
2.In the meanwhile, the private respondents herein became employees with the Corporation on compassionate grounds or other eligible sources of recruitment in that establishment. We may immediately state that they were engaged either on empanelled basis or such other basis which did not eat into the finances of the Corporation. That was a measure to control the economic jeopardy in which the Corporation stood at that point of time. Be that as it may, with the passage of time, the P.S.C. advised different persons from the list. They were appointed either by empanelment or by other basis and later, brought into the services, on regular basis. The compassionate appointees were, ultimately, regularized and such regularization has been given retrospective effect from sometime in the year 1992. Exts.P7, P8 and P18 were the net effect of the decision of the Corporation which were challenged by the P.S.C. hands before the learned single Judge.
3.As rightly argued by the learned counsel for the appellants, regularization is a matter which may be different from deciding on an issue of inter se seniority. He appears to be compelled to argue such a proposition in view of the W.A.No.57/13 3 observation made by the learned single Judge in the last paragraph of the judgment impugned, that the seniority of compassionate recruits will have to be counted on the basis of regularization orders. We do not say whether that observation was made to operate as between compassionate appointees or as between compassionate appointees and the P.S.C. hands. Whatever it be, we are clear in our mind that such an observation of the learned single Judge was not only unnecessary but ought not to have been made in favour of the contesting respondents in the writ petition while dismissing the challenge to their regularization.
4.The aforesaid means that the regularization of the compassionate appointees by the Corporation may stand. But, the question of seniority was not the subject matter of the issues raised by the writ petitioners. The impugned judgment could not have, therefore, been issued ordering that the date of regularization of the respondents in the writ petition should be the relevant date to determine their seniority. Such an issue was just not there in the writ petition. The impugned judgment granting such an order in favour of the respondents in the writ petition is only to be vacated. W.A.No.57/13 4 For the aforesaid reasons, this writ appeal is ordered vacating the direction in the impugned judgment that "date of appointment of the contesting respondents should be accepted for the purpose of counting seniority". The question of seniority is left open to be decided by the competent authority in accordance with the relevant laws. Writ appeal ordered accordingly.
Sd/-
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/-
(A.MUHAMED MUSTAQUE, JUDGE) //TRUE COPY// P.A TO JUDGE DG