Kerala High Court
Unknown vs By Advs.Smt.Bindumol Joseph on 20 December, 2017
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 17TH DAY OF JANUARY 2018 / 27TH POUSHA, 1939
WP(C).No. 1515 of 2018 (L)
PETITIONER
K.SURENDRANATH,
S/O GOVINDAN NAIR, AGED 44 YEARS,(DRIVER GRADE-II),
THALASSERY DEPOT,KSRTC, NOW UNDER ORDER OF TRANSFER,
RESIDING AT NELLERI KANNOTH HOUSE,PONNIAM EAST(PO),
THALASSERY-670 641.
BY ADVS.SMT.BINDUMOL JOSEPH
SRI.B.S.SYAMANTHAK.
RESPONDENTS
1 KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN,EAST FORT,PAZHAVANGADI,
THIRUVANANTHAPURAM-695 023.
2 CHAIRMAN & MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN,EAST FORT,PAZHAVANGADI,
THIRUVANANTHAPURAM-695 023.
3 THE EXECUTIVE DIRECTOR,(ADMINISTRATION),
KERALA STATE ROAD TRANSPORT CORPORATION,
CHIEF OFFICE,EAST FORT,THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM-695 023.
4 THE ASSISTANT TRANSPORT OFFICER,
OFFICE OF THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
THALASSERY,KANNUR-670 101.
5 THE CONTROLLING INSPECTOR,
OFFICE OF THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPOPORATION,
THALASSERY,KANNUR-670 101.
6. SUPERINTENDENT,
ELECTRONIC DATA PROCESSING CENTRE(EDPC),
CHIEF OFFICE, KSRTC,EAST FORT, THIRUVANANTHAPURAM-695 023.
7 DISTRICT TRANSPORT OFFICER,
OFFICE OF THE DISTRICT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPOPORATION,
PAPPANAMCODE, THIRUVANANTHAPURAM-695 018.
BY SHRI. T.P SAJAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-01-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Hr....
WP(C).No. 1515 of 2018 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DUTY PASS ISSUED BY THE
KERALA STATE ROAD TRANSPORT CORPORATION.
EXHIBIT P2 A TRUE COPY OF THE RELIEVING ORDER ISSUED BY
THE 4TH RESPONDENT DATED 20.12.2017.
EXHIBIT P3 A TRUE COPY OF THE GUIDELINES FOR TRANSFER, 2012.
EXHIBIT P4 A TRUE C0PY OF THE ATTENDANCE STATEMENT OF THE
PETITIONER FOR THE MONTH OF DECEMBER, 2017.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 08.01.2018
SUBMITTED BEFORE THE 2ND RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE POSTAL RECEIPT EVIDENCING
THE DISPATCH OF REPRESENTATION.
RESPONDENT(S)' EXHIBITS
NIL
// TRUE COPY//
P.S TO JUDGE.
Hr....
ANIL K.NARENDRAN, J.
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W.P.(C).No.1515 of 2018
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Dated this the 17th day of January, 2018
J U D G M E N T
The petitioner, who is working as Driver Gr.II at Thalassery Depot of the Kerala State Road Transport Corporation, has approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 order issued by the 4th respondent dated 20.12.2017, whereby the petitioner has been ordered to be relieved from Thalassery Depot, on the basis of the order of transfer, for being transferred to Papanamcode Depot. Against the order of transfer, the petitioner has moved Ext.P5 representation before the 2nd respondent, the Managing Director of the Kerala State Road Transport Corporation. The learned counsel for the petitioner would submit that the petitioner is yet to be relieved from his present place on the basis of Ext.P2 order and that, the 2nd respondent may be directed to dispose of Ext.P5 representation within a time limit to be fixed by this Court.
2. Heard the learned counsel for the petitioner and also the learned Standing Counsel appearing for the Kerala State Road Transport Corporation representing the respondents. W.P.(C).No.1515 of 2018 2
3. The learned Standing Counsel for the KSRTC on instructions would submit that the 2nd respondent shall consider and pass appropriate orders on Ext.P5 representation made by the petitioner within a time limit to be fixed by this Court.
4. In such circumstances, this writ petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P5 representation made by the petitioner, strictly in accordance with law, as expeditiously as possible, at any rate, within a period of four weeks from the date of production of a certified copy of this judgment.
5. If the petitioner is yet to be relieved from Thalassery Depot, status quo as on this date shall be maintained till the disposal of Ext.P5 representation.
It is made clear that this Court has not expressed anything on the merits of the claim made by the petitioner in Ext.P5 representation and it is for the 2nd respondent to take an appropriate decision thereon, strictly in accordance with law.
Sd/-
ANIL K.NARENDRAN JUDGE AV