BY AD v. V.PREMCHAND

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WA NO. 7 OF 2024 AGAINST THE ORDER/JUDGMENT WP(C) 37607/2023 OF HIGH COURT OF APPELLANTS/PETITIONERS: KERALA 1 2 3 4 BRIJESH A.M, AGED 43 YEARS S/O. MUKUNDAN, CONDUCTOR SELECTION GRADE, KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT AMMBRATHODIYIL HOUSE, EDATHNATTUKARA, PALAKKAD DISTRICT, PIN - 678601 SOORAJ, AGED 43 YEARS S/O. RAMACHANDRAN, C.K, CONDUCTOR GRADE, KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT SARITHA NIVAS, THADUKKASSERY, P.O. PALAKKAD DISTRICT, PIN - 678641 SIJU.V, AGED 44 YEARS S/O. AMBIKA AMMA, CONDUCTOR GRADE-I, KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKAD, RESIDING AT THOTTASSERI HOUSE, KALLDIKODE, P.O. PALAKKAD DISTRICT, PIN - 678596 RAJESH, P, AGED 43 YEARS S/O. RAMAN, CONDUCTOR GRADE-I, KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT PANAM POOZHI HOUSE, EDATHANATTUKARA, P.O. ALANALLUR(VIA), PALAKKAD DISTRICT, PIN – 678601 WA NO.6/2024 and con. cases 6 5 6 7 8 9 10 11 JAYAN.A, AGED 44 YEARS S/O. PADMANABHAN NAIR, DRIVER GRADE, KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, AMBAZHAKODE HOUSE, THRIKKALLOOR, P.O. PALAKKAD DISTRICT - 678601 NASAR O, AGED 43 YEARS S/O. MOHAMMED, CONDUCTOR GRADE-I, KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKAD, RESIDING AT ONGALLOOR HOUSE, KOTTAPADAM, P.O. MANNARKKAD, PALAKKAD DISTRICT, PIN - 678583 ABDU NAZAR P, AGED 41 YEARS S/O. MOIDUTTY, DRIVER SELECTION GRADE, KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT PANGINIKKADAN HOUSE, THATHEGALAM, KAITHACHIRA, P.O. PALAKKAD DISTRICT, PIN - 678582 DILEEP KUMAR G, AGED 41 YEARS S/O LATE CC GOPI,278/7 IYYANI HOUSE, ANJUMOORTHY MNAGLAAM PO, ANNAKKARA PALAKKAD,, PIN - 678682 RAVUNNI, P, AGED 48 YEARS S/O. MANU, DRIVER GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT PULIKKAPADAM HOUSE, THENKARA, P.O. PALAKKAD DISTRICT, PIN - 678582 SATHYANARAYANAN, K.V. AGED 42 YEARS S/O. NARAYANAN NAIR, CONDUCTOR GRADE, KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT KILINGAYATHIL HOUSE, JELLIPPARA, P.O. PALAKKAD DISTRICT, PIN – 678581 B.K. BYJU, AGED 43 YEARS S/O. KUMARAN, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT BIJU NIVAS, KANHIRAPUZHA, P.O, MANNARKKAD, PALAKKAD DISTRICT, PIN - 678591 WA NO.6/2024 and con. cases 7 12 13 14 15 16 17 NANDAKUMAR P, AGED 43 YEARS S/O. UNNIKRISHNAN NAIR, DRIVER GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT KATTAYIL HOUSE, KATTAPURAM, P.O. SREEKRISHNAPURAM (VIA), PALAKKAD DISTRICT, PIN - 679513 UNNIKRISHNAN K.C, AGED 45 YEARS S/O.CHAMIYAR, DRIVER GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT KANAKUPARAMBU HOUSE,MUNDUR, P.O. PALAKKAD DISTRICT-, PIN - 678592 RAVICHANDRAN,K, AGED 41 YEARS S/O. RAMANKUTTY NAIR, DRIVER GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT KUNCHARATH HOUSE, THEKARA, P.O. MANNARKKAD, PALAKKAD DISTRICT, PIN - 678582 VENU, AGED 53 YEARS S/O. KESAVANA NAIR, CONDUCTOR GRADE-I, KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT KIZHUVEETTIL HOUSE, POONCHOLA, P.O. PALAKKAD DISTRICT, PIN - 678598 TOMY SEBASTIAN AGED 41 YEARS S/O SEBASTIAN, P M, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, PERUMPUZHAGIL HOUSE, IRUMPUZACHOOLA PO, VTC PALAKAYAM,PALAKKAD DISTRICT,, PIN - 678591 M A. PRAVEEN KUMAR, AGED 41 YEARS CONDUCTOR, GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, S/O M S ARUMGAN, MADANASERI,ANGADI(H),PULAPATTA,(PO), MANNARKAD,, PIN - 678682 WA NO.6/2024 and con. cases 8 18 19 20 21 22 23 P.K.DEVADASAN, AGED 44 YEARS, S/O. KUMARAN, DRIVER GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT NADUKALATHIL HOUSE, CHERY POST KONGAD, PALAKKAD DISTRICT, PIN - 678631 JAYAKUMAR. S AGED 41 YEARS CONDUCTOR, GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, S/O SUKUMARAN C.K, CHERUVIL HOUSE, POONCHOOLA PO, POTTASSERY, PALAKKAD DISTRICT,, PIN - 678598 ASSAINAR MC AGED 41 YEARS CONDUCTOR, GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD,S/O MOHAMMED MC, MALACHIRA HOUSE, VIYYAKURUSSI(PO),, PIN - 678593 SREEJITH.K.S. AGED 47 YEARS S/O. V.SHIVA SANKARAN, CONDUCTOR GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD, RESIDING AT KAMBALAMKODU HOUSE, NADUVATHUPURA, P.O. PALAKKAD DISTRICT, PIN - 678574 THARANADH.K.K. AGED 44 YEARS S/O. K.C.KUNNAN, CONDUCTOR GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD, RESIDING AT SHANTHI RAIL NAGAR, OLAVAKODU, PALAKKAD DISTRICT, PIN - 678002 TOM SINGH.T.K, AGED 51 YEARS S/O.CHACKO, CONDUCTOR GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD, RESIDING AT THADIYOODU PARA HOUSE, MUNDAMPARA, KALARA, P.O. PALAKKAD DISTRICT, PIN- 678581 WA NO.6/2024 and con. cases 9 24 S.VINOD KUMAR, AGED 44 YEARS S/O. RAGHAVAN NAIR, CONDUCTOR GRADE-I KERALA STATE ROAD TRANSPORT CORPORATION, MANNARKKAD, RESIDING AT VINOD BHAVAN, EZHAKKAD P.O. PALAKKAD DISTRICT, PIN - 678631 BY ADVS. V.PREMCHAND MAHADEV M.J. HALIYA T.P. RESPONDENTS/RESPONDENTS: 1 2 3 4 5 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695023 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM., PIN - 695023 THE EXECUTIVE DIRECTOR,( ADMINISTRATION & VIGILANCE) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695023 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD,, PIN - 678001 THE SUPERINTENDENT, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD,, PIN - 678001 SRI.DEEPU THANKAN, SC THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 08.01.2024, ALONG WITH WA.6/2024 AND CONNECTED CASES, THE COURT ON

24.01.2024 DELIVERED THE FOLLOWING: WA NO.6/2024 and con. cases 10 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WA NO. 8 OF 2024 AGAINST THE ORDER/JUDGMENT WP(C) 37622/2023 OF HIGH COURT OF APPELLANT/PETITIONER: KERALA ANTONY V SEBASTIAN, AGED 41 YEARS DRIVER GRADE 2, KERALA STATE ROAD TRANSPORT CORPORATION, NORTH PARUR DEPOT, S/O SEBASTIAN, VELLARAPILLY, THIRITHIPURAM, MOOTHAKNNAM PO, ERNAKULAM DISTRICT,, PIN - 683516 BY ADVS. V.PREMCHAND HALIYA T.P. MAHADEV M.J. RESPONDENTS/RESPONDENTS: 1 2 3 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695023 CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM, PIN - 695023 THE EXECUTIVE DIRECTOR,( ADMINISTRATION & VIGILANCE) KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN – 695023 WA NO.6/2024 and con. cases 11 4 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, NORTH PARVOOR DEPOT, NORTH PARAVOOR,ERNAKULAM, PIN - 683516 THIS WRIT APPEAL HAVING COME UP HEARING ON 08.01.2024, ALONG WITH WA.6/2024 AND CONNECTED CASES, THE COURT ON

24.01.2024 DELIVERED THE FOLLOWING: WA NO.6/2024 and con. cases 12 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WA NO. 13 OF 2024 AGAINST THE ORDER/JUDGMENT WP(C) 41369/2023 OF HIGH COURT OF APPELLANTS/PETITIONERS: KERALA 1 2 3 4 5 6 M. MAHESH, AGED 39 YEARS S/O MANILAL, MAHESH BHAVAN, NADUVILAKKARA, UMAYANALLUR P.O, KOLLAM,, PIN - 691589 D. ANILKUMAR, AGED 38 YEARS, S/O DIVAKARAN, AJIMANDIRAM, MANNADI P.O, KOLLAM,, PIN - 691530 MANOJ. T, AGED 38 YEARS, S/O THANKAPPANSAMUEL, THARAYILPUTHENVEEDU, VAYALA P.O, ADOOR, KOLLAM,, PIN - 691554 REMYA R NAIR, AGED 38 YEARS D/O K. RAVEENDRAN NAIR, N K.R. NILAYAM, THUVAYOOR SOUTH PATHANAMTHITTA DISTRICT, PIN - 691552 SREEJA V NAIR, AGED 39 YEARS D/O THANKAPPAN PILLAI, KARTHIKA,ELANGAMANGALAM, ENATHU, PATHANAMTHITTA DISTRICT, PIN - 691526 SMITHA G PILLAI, AGED 38 YEARS D/O GOPALAKRISHNA PILLAI, INCHAKKADDU,MYLOM PO, KOTTARAKARA, KOLLAM DISTRICT, PIN - 691560 WA NO.6/2024 and con. cases 13 BY ADVS. V.PREMCHAND HALIYA T.P. MAHADEV M.J. RESPONDENTS/RESPONDENTS: 1 2 3 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695023 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM, PIN - 695023 THE EXECUTIVE DIRECTOR,( ADMINISTRATION& VIGILANCE) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695023 SRI.DEEPU THANKAN, SC THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 08.01.2024, ALONG WITH WA.6/2024 AND CONNECTED CASES, THE COURT ON

24.01.2024 DELIVERED THE FOLLOWING: WA NO.6/2024 and con. cases 14 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WA NO. 26 OF 2024 AGAINST THE ORDER/JUDGMENT WP(C) 41286/2023 OF HIGH COURT OF APPELLANTS/PETITIONERS: KERALA 1 2 V. RAMESH, AGED 49 YEARS S/O VELAYUDHAN, KALATHINGAL HOUSE, KARAMPATTA, KOZHINJAMPARA P.O, PALAKKAD,, PIN - 678555 V. VENU, AGED 48 YEARS S/O VELAYUDHAN, CHOORIKKAL HOUSE, POLPULLY P.O, PALAKKAD,, PIN - 678552 BY ADVS. V.PREMCHAND HALIYA T.P. RESPONDENTS/RESPONDENTS: 1 2 3 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695023 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM, PIN - 695023 THE EXECUTIVE DIRECTOR,( ADMINISTRATION& VIGILANCE) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM, PIN - 695023 WA NO.6/2024 and con. cases 15 4 5 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD, PIN - 678001 THE SUPERINTENDENT, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD, PIN - 678001 SRI.DEEPU THANKAN, SC THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 08.01.2024, ALONG WITH WA.6/2024 AND CONNECTED CASES, THE COURT ON

24.01.2024 DELIVERED THE FOLLOWING: WA NO.6/2024 and con. cases 16 ANU SIVARAMAN, J. & C. PRATHEEP KUMAR, J. == = = = = = = = = = = = = = = = = = = = W.A.Nos.6,7,8,13 & 26 of 2024 = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of January, 2024 Anu Sivaraman J. JUDGMENT

1. These appeals are preferred against a common judgment of the learned single Judge dismissing writ petitions filed challenging an order of general transfer of drivers and conductors effected by the KSRTC.

2. The grounds for appeal, as contended by the learned counsel appearing for the appellant, is that Exhibit P1 is a settlement arrived at between the management and unions representing the employees and has to be strictly followed, since the same is legally binding on the parties. It is contended that the judgments referred to by the learned single Judge are in the context of transfer guidelines and since Exhibit P1 is a bi partite settlement, the same is binding on the employer, KSRTC. It is further stated that the initial draft orders were prepared and uploaded in the G-Spark software and that the forgoing of the said software for effecting the present transfer was to effect transfers picking and choosing employees on political WA NO.6/2024 and con. cases 17 affiliations. It is submitted that the contention had not been properly addressed by the learned single Judge. Further, it is contended that the general transfer, which was implemented in the middle of the academic year is causing undue difficulties and prejudice to the employees, which has also not been taken into account.

3. Having considered the contentions advanced, we notice that all the contentions raised by the appellants have been specifically considered by the learned single Judge. It was specifically considering the factual situation available as well as after considering the contentions on merits raised in the writ petition, as well as in the counter affidavit filed controverting the same that the learned single Judge had proceeded to find that an order of general transfer in the nature of the impugned order cannot be unsettled by a constitutional court on grounds as raised in the writ petitions. The legal contentions raised were also specifically considered by the learned single Judge.

4. We notice that the finding of the learned single Judge that transfer, being an incident of service, cannot be challenged only on the ground that it causes inconvenience or prejudice to the employees, is a settled position in law. Further, the respondents had pointed out various reasons as to why a transfer could not be effected in the G- WA NO.6/2024 and con. cases 18 Spark software and had also pointed out that the appellants in these cases were admittedly continuing for long periods of time in the very same stations from where they have been transferred. The employees have been permitted to prefer representations highlighting their grievances which have been directed to be considered within four weeks.

5. In the above factual situation and having considered the contentions advanced, we do not find any infirmity in the judgment of the learned single Judge which requires inference in the intra-court appeals. The appeals fail and the same are accordingly dismissed. Sd/- Anu Sivaraman, Judge Sd/- C. Pratheep Kumar, Judge sj15/1