Kerala High Court
Sreekumar M.S vs Kerala State Road Transport ... on 7 June, 2016
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 29TH DAY OF MARCH 2017/8TH CHAITHRA, 1939
WP(C).No. 8396 of 2017 (Y)
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PETITIONER:
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SREEKUMAR M.S,DRIVER,
K.S.R.T.C, ATTINGAL DEPOT,ATTINGAL,
RESIDING AT MANAMEL ANAND BHAVAN,
THAZHAM, CHATHANOOR P.O. KOLLAM- 691 572.
BY ADVS.SRI.G.BHAGAVAT SINGH
SRI.AJESH SASIDHARAN
RESPONDENTS:
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1. KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY THE MANAGING DIRECTOR,
K.S.R.T.C TRANSPORT BHAVAN,
THIRUVANANTHAPURAM- 695 001.
2. THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
K.S.R.T.C, TRANSPORT BHAVAN,
THIRUVANANTHAPURAM- 695 001.
3. THE CHIEF LAW OFFICER IN-CHARGE OF
EXECUTIVE DIRECTOR (VIGILANCE)
K.S.R.T.C, TRANSPORT BHAVAN,
THIRUVANANTHAPURAM- 695 001.
4. THE ASSISTANT TRANSPORT OFFICER,
OFFICE OF THE DISTRICT TRANSPORT OFFICER,
ATTINGAL, ATTINGAL P.O.,
THIRUVANANTHAPURAM(DT)-695 101.
BY SHRI.T.P SAJAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 8396 of 2017 (Y)
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APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1: PHOTOCOPY OF THE MEDICAL CERTIFICATE
DATED 7-6-2016.
EXHIBIT P2: COPY OF THE MEDICAL CERTIFICATE OR FITNESS
DATED 20-08-2016.
EXHIBIT P3: COPY OF THE REPRESENTATION DATED 27-08-2016
FILED BY THE PETITIONER BEFORE THE
2ND RESPONDENT.
EXHIBIT P4: COPY OF THE MEMORANDUM DATED 05-09-2016 ISSUED
BY THE 4TH RESPONDENT.
EXHIBIT P5: COPY OF THE CHARGE SHEET ISSUED BY THE
3RD RESPONDENT TO THE PETITIONER
DATED 14-10-2016.
EXHIBIT P6: COPY OF THE MEMO OF CHARGES ISSUED BY THE
3RD RESPONDENT TO THE PETITIONER
DATED 14-10-2016.
EXHIBIT P7: COPY OF THE EXPLANATION FILED BY THE PETITIONER
DATED 5-11-2016 BEFORE THE 3RD RESPONDENT.
EXHIBIT P8: COPY OF THE MEMORANDUM DATED 23-11-2016 ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT P9: COPY OF THE JUDGMENT DATED 9-12-2016 IN
WPC NO.39490 OF 2016 OF THIS HON'BLE COURT.
EXHIBIT P10: COPY OF THE COVERING LETTER DATED 07-01-2017
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT.
EXHIBIT P11: COPY OF THE MEMORANDUM BEARING
NO.PL 13/00 1204/17 DATED 09-02-20-17 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P12: COPY OF THE TRANSFER CUM RELIEVING ORDER ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
mbr/
P.B.SURESH KUMAR, J.
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W.P.(C).No.8396 of 2017
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Dated this the 29th day of March, 2017
J U D G M E N T
The petitioner is a Driver in the service of the Kerala State Road Transport Corporation. He was working at Attingal Unit of the Corporation. In furtherance to a disciplinary proceedings initiated against him, he was transferred to the Thiruvananthapuram city unit. The order transferring the petitioner to the Thiruvananthapuram city unit of the Corporation was challenged by the petitioner in W.P.(C).No.39490 of 2016, and this Court disposed of the said writ petition by Ext.P9 judgment directing the Corporation to accommodate the petitioner somewhere in Kollam district as he is a resident of that district. Pursuant to Ext.P9 judgment, the petitioner has now been issued Ext.P11 order by which he is posted in W.P.(c).No.8396 of 2017 : 2 : the Kottarakkara unit of the Corporation. The grievance of the petitioner concerns Ext.P11 order. According to him, since he belongs to Chathannoor, it is very difficult to reach Kottarakkara in the early hours of the day for want of convenient buses. He, therefore, seeks indulgence of this Court for a convenient posting.
2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the Corporation.
Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the petitioner to prefer a representation before the Corporation pointing out the said difficulty. It is directed that if such a representation is filed within two weeks from the date of receipt of a copy of this judgment, the same shall be considered favourably by the Corporation within a month thereafter.
Sd/-
P.B.SURESH KUMAR JUDGE rsr