Kerala High Court · 2024

STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KANNOOR, PIN THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KASARAGOD, PIN SRI. DEEPU THANKAN, SC 671 121 695 023 670 001 – – – THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.163 of 2024 3 JUDGMENT (Dated: 4th January, 2024) The petitioners have approached this court against the denial of employment and for quashing Ext.P1.

2. Brief facts of the case are that the petitioners joined the service of the 2nd respondent as conductors. The 1st petitioner had joined the service as a conductor in 1999 at Payyannoor Depot as a provisional hand after selection proceedings. His service was regularized as per order dated 19.03.2015 to the post of Conductor Grade II, and the regularization was on the basis of G.O.(MS) No.78/2011/TRAN dated 22.12.2011. Others were also given the same. Regularization was ordered for those employees who had put in eight (8) years of service with 120 duties per year. On the basis of the judgment of the Apex Court in 2018, the pre-condition for regularization was modified as 10 years of service with 120 duties per year. Thereafter, the petitioners’ regularization was cancelled as per Ext.P1 order. The petitioners, along with a few other employees, challenged the cancellation of regularization before this Court in W.P.(C)No.16405 of 2018 W.P.(C)No.163 of 2024 4 and connected cases, and by judgment dated 16.08.2022, this court disposed of the writ petition directing the respondents to re-consider the same.

3. The case put forward by the petitioners is that without complying with the directions issued by this court and without giving the opportunity of hearing, the 2nd respondent has passed the order holding that the petitioners could not produce any document to show that they have actually worked for 120 duties in a year as on 21.12.2011 and have completed 10 years of service.

4. Heard Sri.N.Unnikrishnan, learned counsel for the petitioners, and Sri.Deepu Thankan, learned standing counsel for the respondents.

5. The learned counsel for the respondents vehemently opposed the prayer, stating that Ext.P1 was issued on 11.09.2023 and, therefore, there is delay and latches on the part of the petitioners in approaching this court and, therefore, not entitled to any relief.

6. A perusal of Ext.P4 common judgment would make it clear that the corporation was directed to give the opportunity to the petitioners to W.P.(C)No.163 of 2024 5 verify the contents of the service books, voucher of payment, attendance register, check sheet register, cash counter register, rack issue register, etc., to prove that they have completed 120 duties per year up to

21.12.2011. As per the directions, contained in Clause (c) of paragraph 21 of the judgment of this court in W.P.(C)No.28461 of 2018 and connected cases, the respondents ought to have given access to the documents in the possession of the corporation,

7. It is further made clear that the said direction was not complied with, as Ext.P17 memorandum was issued on 25.10.2023. It directs all district officers/Unit officers to allow employees like the petitioners to have access to the documents in possession of the corporation to verify them to prove that they have worked for 10 years and completed 120 duties per year. Therefore, is evident that the petitioners were not given the opportunity as directed in Ext. P4. Therefore, Ext.P1 cannot stand in the eye of the law and, therefore, is quashed. W.P.(C)No.163 of 2024 6 In the result, there will be a direction to the competent authority to re-consider the matter strictly in accordance with the judgment of this court in W.P.(C)No.28461 of 2018, and connected cases and appropriate orders shall be passed within a period of six weeks from the date of receipt of a copy of the judgment. The petitioners shall be allowed to continue till final orders are passed, in the post where they are now continuing. The writ petition is disposed of accordingly. JUDGE Sd/- BASANT BALAJI, W.P.(C)No.163 of 2024 7 APPENDIX OF WP(C) 163/2024 PETITIONER EXHIBITS: Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 OF THE COPY MEMORANDUM A TRUE COPY OF ORDER NO.PL16/004985/2017 (A & V A2) DATED 11.09.2023 ISSUED BY THE SECOND RESPONDENT TRUE A NO.12/025739/30/2008 DATED 19.03.2015 A TRUE COPY OF INTERIM STAY ORDER DATED 03.09.2018 IN W.P.(C) NO.16405/2018 (A) A TRUE COPY OF JUDGMENT DATED 16.08.2022 IN W.P.(C) NO. 16405/2018 A TRUE COPY OF CONSOLIDATED STATEMENT OF ATTENDANCE DETAILS OF SHRI RAJESH, C.V. THE 1ST PETITIONER A TRUE COPY OF BREAKUP DETAILS OF ATTENDANCE OF THE 1ST PETITIONER FOR THE YEAR 1999 A TRUE COPY OF BREAKUP DETAILS OF ATTENDANCE OF THE 1ST PETITIONER FOR THE YEAR 2000-2011 A TRUE COPY OF THE CONSOLIDATED STATEMENT OF ATTENDANCE OF THE 2ND PETITIONER A TRUE COPY OF THE BREAKUP DETAILS OF ATTENDANCE OF 2ND PETITIONER FROM JUNE 2000 TO 2011 A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE OF 3RD PETITIONER BREAK UP DETAILS OF ATTENDANCE OF THE 3RD PETITIONER FOR THE YEAR 1999 TO 2008 A TRUE COPY OF BREAK UP DETAILS OF THE ATTENDANCE OF THE 3RD PETITIONER FOR THE YEAR 2011 A TRUE COPY OF THE CONSOLIDATED STATEMENT OF ATTENDANCE OF THE 4TH PETITIONER A TRUE COPY OF THE BREAKUP DETAILS OF ATTENDANCE OF 4TH PETITIONER FOR THE 1999 TO 20.12.2011 A TRUE COPY OF THE CONSOLIDATED STATEMENT OF ATTENDANCE OF THE 5TH PETITIONER W.P.(C)No.163 of 2024 8 Exhibit P16 Exhibit P17 Exhibit P18 Exhibit P19 A TRUE COPY OF THE BREAKUP DETAILS OF ATTENDANCE OF THE 5TH PETITIONER FOR THE YEAR 1999 TO 2011 A TRUE COPY OF MEMORANDUM NO. A&V A2 /007202/23 DATED 25.10.2023 ISSUED BY THE 3RD RESPONDENT A TRUE COPY OF JUDGMENT DATED 22.11.2023 IN W.P.(CIVIL) NO.38694/2023 A TRUE COPY OF LETTER DATED 27.10.2023 SUBMITTED BY THE 2ND PETITIONER