Kerala High Court
Lohithakshan K.C vs State Of Kerala on 15 March, 1999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
FRIDAY, THE 10TH DAY OF AUGUST 2012/19TH SRAVANA 1934
WP(C).No. 18929 of 2012 (M)
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PETITIONER(S):
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1. LOHITHAKSHAN K.C.,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PERINTHALMANNA NOW RESIDING AT
SREEJA NIVAS, VATTAPPARA,
MALAPPURAM DISTRICT
2. P.AJAYAKHOSH,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PERINTHALMANNA, RESIDING AT
POOVEKKADU HOUSE, VELLOOR P.O,
MALAPPURAM DISTRICT
3. K.P.BALAN
EMPANEL CONDUCTOR, KSRTC DEPOT,
PERINTHALMANNA, RESIDING AT
KIZHANGILA PARAMBIL HOUSE,
THANALOOR P.O, MALAPPURAM DISTRICT
4. K.N SADANANDAN
EMPANEL CONDUCTOR, KSRTC DEPOT,
PONNANI, RESIDING AT
KULANGARATHU NAMBIDI HOUSE,
KALADY P.O,EDAP0PAL, MALAPPURAM.
5. M.SUNIL KUMAR,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PONNANI, RESIDING AT
POOTHERIVALAPPIL,
VELIMUKKU P.O, MALAPPURAM
6. MANIKANTAN T.C,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PERINTHALMANNA, RESIDING AT
KRISHNAVILAS, KULATHUR, MALAPPURAM
7. M.GIREESH KUMAR
EMPANEL CONDUCTOR, KSRTC DEPOT,
PERINTHALMANNA, RESIDING AT
PARAYIL HOUSE, VELIMUKKU P.O, MALAPPURAM
WP(C).No. 18929 of 2012 (M) :2:
8. ABDUL SALAM,
EMPANEL CONDUCTOR, KSRTC,
PONNANI, RESIDING AT
VAYSHYAM PARAMBIL HOUSE,
POZHIKUNNU, B.P ANGADI P.O,
TIRUR 2, MALAPPURAM (DISTRICT)
9. A.T.SAJEEV KUMAR,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PONNANI, RESIDING AT
ADIKARATHIL HOUSE, EZHUTHIRUTHY,
PONNANI P.O, MALAPPURAM.
10. K.K JAYA THILAKAN ,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PONNANI, RESIDING AT KAKKASSERY KUNIL,
THAVANOOR P.O, MALAPPURAM
11. K.PRADEEP,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PONNANI, RESIDING AT
VINNAMCHATH, KUTTIPURAM P.O, MALAPPURAM
12. SUBRAMANIYAN K,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PERINTHALAMANNA RESIDING AT
CHAKKUNGAL KANDY VEEDU,
AMAYOOR P.O, MANJERI,
MALAPPURAM DISTRICT.
13. ANANDAN,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PERINTHALAMANNA RESIDING AT
MOORKATHU HOUSE, KUTTIPURAM,
MALAPPURAM DISTRICT
14. PRADEEP KUMAR K,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PONNANI, RESIDING AT KANDORASSERY,
AGALAD P.O, PIN 680518,
CHAVAKKAD TRISSUR (DIST)
15. HUSSAIN,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PERINTHALMANNA RESIDING AT
ADIYALAPURATHU HOUSE, ATAVANAND P.O,
PIN 676 310 THIRUNAVAI (Via), MALAPPURAM
16. K.BALAKRISHNA,
EMPANEL CONDUCTOR, KSRTC DEPOT,
PERINTHALAMANNA, RESIDING AT
KUNNATHU HOUSE, PARAL, THOOTHA P.O ,
PERINTHALMANNA
BY ADVS.SRI.A.N.RAJAN BABU
SRI.P.GOPALAKRISHNAN (MVA)
WP(C).No. 18929 of 2012 (M) :3:
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF TRANSPORT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
2. KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC)
THIRUVANANTHAPURAM, REPRESENTED BY ITS
CHAIRMAN AND MANAGING DIRECTOR,
KSRTC, THIRUVANANTHAPURAM.
3. DISTRICT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
MALAPPURAM.
4. ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, PONNAI.
5. ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
PERINTHALMANNA, MALAPPURAM DISTRICT.
6. ZONAL OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRICHUR ZONE.
BY SRI.JOY GEORGE, SC, K.S.R.T.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18929 of 2012 (M)
APPENDIX
PETITIONER'S EXHIBITS :-
EXT.P1 : TRUE COPY OF MEMO DATED 15-03-1999 ISSUED BY THE
RESPONDENT CORPORATION TO THE 1ST PETITIONER.
EXT.P2 : TRUE COPY OF MEMO DATED 20-05-2000 ISSUED BY THE
RESPONDENT CORPORATION TO THE 2ND PETITIONER.
EXT.P3 : TRUE COPY OF MEMO DATED 29-05-2000 ISSUED BY THE
RESPONDENT CORPORATION TO THE 3RD PETITIONER.
EXT.P4 : TRUE COPY OF MEMO DATED 18-12-2000 ISSUED BY THE
RESPONDENT CORPORATION TO THE 4TH PETITIONER.
EXT.P5 : TRUE COPY OF MEMO DATED 06-01-2001 ISSUED BY THE
RESPONDENT CORPORATION TO THE 4TH PETITIONER.
EXT.P6 : TRUE COPY OF MEMO DATED 09-03-1999 ISSUED BY THE
RESPONDENT CORPORATION TO THE 5TH PETITIONER.
EXT.P7 : TRUE COPY OF MEMO DATED 20-05-2000 ISSUED BY THE
RESPONDENT CORPORATION TO THE 6TH PETITIONER.
EXT.P8 : TRUE COPY OF MEMO DATED 12-03-1999 ISSUED BY THE
RESPONDENT CORPORATION TO THE 7TH PETITIONER.
EXT.P9 : TRUE COPY OF THE ORDER NO 12/025739/08 DATED 4-12-2009
ISSUED BY THE GOVERNMENT OF KERALA WITH ENGLISH
TRANSLATION.
EXT.P10 : TRUE COPY OF THE ORDER NO PL 12/025739/2008 DATED
26-12-2011 ISSUED BY THE RESPONDENT CORPORATION.
EXT.P11 : TRUE COPY OF THE MEDICAL FITNESS CERTIFICATE DATED
1-1-2003 PRODUCED BY THE 1ST PETITIONER.
EXT.P11(A) : TRUE COPY OF THE MEDICAL FITNESS CERTIFICATE DATED
28-03-2006 PRODUCED BY THE 1ST PETITIONER
WP(C).No. 18929 of 2012 (M) :2:
EXT.P12 : TRUE COPY OF THE MEDICAL CERTIFICATE DATED 1-1-2007
PRODUCED BY THE 2ND PETITIONER.
EXT.P12(A) : TRUE COPY OF THE MEDICAL CERTIFICATE DATED 1-07-2007
PRODUCED BY THE 2ND PETITIONER.
EXT.P12(B) : TRUE COPY OF THE MEDICAL CERTIFICATE DATED 1-1-2008
PRODUCED BY THE 2ND PETITIONER.
EXT.P2(C) : TRUE COPY OF THE MEDICAL CERTIFICATE DATED 1-7-2008
PRODUCED BY THE 2ND PETITIONER.
EXT.P12(D) : TRUE COPY OF THE FITNESS CERTIFICATE DATED 1-1-2009
PRODUCED BY THE 2ND PETITIONER.
EXT.P13 : TRUE COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA
DAILY DATED 23-05-2012 WITH ENGLISH TRANSLATION.
EXT.P14 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONERS BEFORE THE 1ST RESPONDENT WITH ENGLISH
TRANSLATION
EXT.P14(A) : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS : NIL.
//TRUE COPY//
P.A TO JUDGE
amk
B.P. RAY, J.
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W.P.(C) No. 18929 of 2012
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Dated this the 10th day of August, 2012.
JUDGMENT
Heard the learned counsel for the petitioners and the learned Standing Counsel for KSRTC, Shri. Joy George.
2. The petitioners are provisional conductors appointed through employment exchange. They are provisionally employed since 1999 and 2000 respectively. By Ext.P10 Government order, the Government was decided to accord sanction for regularising the service of those provisional employees in the categories of driver, Conductor and Mechanical Staff in the Kerala State Road Transport Corporation who have completed 10 years of service in KSRTC as on 21.12.2011. Being aggrieved by the inaction on the part of the first respondent in not regularising the service of the petitioners, this writ petition has been filed. The petitioners have submitted representations before respondents 1 and 2.
In that view of the matter, this writ petition is disposed of directing the 2nd respondent to dispose of Ext.P14(a) representation within three months from the date of receipt of a copy of this judgment.
sd/- B.P. RAY, JUDGE.
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