M.V. SUNNY v. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT

THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 11TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WP(C) NO. 38595 OF 2023 PETITIONER/S: 1 2 3 4 5 6 7 8 9 ULLASKUMAR.K.P., AGED 46 YEARS , S/O C.R. PARAMESWARAN NAIR, KUNNUMPURATH HOUSE, KUDAMALOOR.P.O., KOTTAYAM, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM DEPOT., PIN - 686017 SATHEESH KUMAR.V.P., AGED 50, S/O PRABHAKARAN NAIR, VELOORKIZHAKKETHIL, PANGADA.P.O., PAMPADY, KOTTAYAM, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM DEPOT., PIN - 686502 E.U. KURIAKOSE, AGED 48, S/O A.P. UTHAPPAN, EZHUTHUPALLIL HOUSE, KUZHIMATTOM.P.O., KOTTAYAM CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM DEPOT., PIN - 686533 JOHNYKUTTY.M.P., AGED 54, S/O PHILIP, MURIYANTHARA HOUSE, KUMARAKOM.P.O., KOTTAYAM, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM DEPOT., PIN - 686563 BINUMON.T.K, AGED 47, S/O THANKAPPAN, THYPARAMBIL, S.PURAM, KURICHY, KOTTAYAM, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM DEPOT., PIN - 686532 M.G. MANOJ, AGED 49, S/O GOPI.M.K., MANGALATH HOUSE, PERIYAPPURAM, ONAKKOOR, ERNAKULAM, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, PIRAVOM DEPOT., PIN - 686667 P.P. ANSARI, AGED 52, S/O P.S. THAMPI, PUTHUPARAMBIL, CHENGAPPADY, KANJIRAPPALLY, KOTTAYAM CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, PONKKUNNAM DEPOT, PIN - 686520 P.S. AJEESH KUMAR, AGED 48, S/O K.R. SOMAN NAIR KALAPURACKAL HOUSE, SOUTH PAMPADY.P.O. KOTTAYAM, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, ERATTUPETTA DEPOT., PIN - 686521 SIJO.M. DANIEL, AGED 46, S/O P.D. MARKOSE, PUTHUPARAMBIL HOUSE, INDUSTRIAL NAGAR.P.O. CHANGANASSERY, KOTTAYAM, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM DEPOT., PIN - 686106 WP(C) Nos.24966/2023, 38595/2023 -3- 10 11 12 13 JO MATHEW, AGED 50, S/O VARGHESE MATHEW, MULLANKUZHI, S PURAM, KURICHI, KOTTAYAM, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KATTAPPANA DEPOT., PIN - 686532 K. RADHAKRISHNAN, AGED 48, S/O KITTA, THUMBIPALLAM, PANAYUR.P.O., PULPALLY, PALAKKAD, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, CHITTOOR DEPOT., PIN - 678552 M. SHAHUL HAMEED, AGED 54, S/O MUHAMMED, PELACHIRANKADU HOUSE, KANNANUR.P.O., KOZALMANNAM, PALAKKAD, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT., PIN - 678702 M. SIVAKUMAR, AGED 52, S/O MANI, KORANGODE HOUSE, THENKURISSI.P.O., PALAKKAD,DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT., PIN - 678671 BY ADVS. B.S.SWATHI KUMAR HARISANKAR N UNNI VINEETHA BOSE SWATHY UNNIKRISHNAN K.K. ANITHA RAVINDRAN RESPONDENT/S: 1 2 3 4 5 6 KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695023 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM, PIN - 695023 THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM, PIN - 686001 THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD, PIN - 678001 THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM, PIN - 682012 THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, IDUKKI, PIN - 685608 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

11.01.2024, ALONG WITH WP(C).24966/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.24966/2023, 38595/2023 -4- J U D G M E N T (Dated this the 11th January 2024) [WP(C) Nos.24966/2023, 38595/2023] Petitioners are the empanelled drivers/conductors, mechanical staff under the respondent Corporation. Earlier, they were regularized by G.O (MS) No.78/2011/Tran. dated 22.12.2011. Thereafter, it was modified that persons seeking regularization should have continuous service of 10 years with the respondent Corporation should have done 120 days of duty in a year. The petitioners were not having the said qualification, and so they were terminated. This was challenged before this Court in Ext.P1 and this Court has set aside the orders by directing to reconsider the issue of regularization of the petitioners. Thereafter, an order was passed confirming the termination. It was challenged in Ext.P2 in W.P.(C) No.38595/2023 and this Court has set aside the said order and the Competent Authority was directed to reconsider the issue again, Now the petitioners have been kept away from the work even though the competent authority under 1st WP(C) Nos.24966/2023, 38595/2023 -5- respondent was directed to consider on the basis of the judgment of this Court in Ext.P2.

2. The counsel for the petitioners submits that the Corporation has not complied with the directions in Ext.P2 judgment, and therefore, they seek re-induction to duty.

3. The Standing Counsel for the respondent corporation submits that till a decision is taken by the Corporation as per Ext.P2, the petitioners can be re-inducted from 15.01.2024 onwards. Therefore, these writ petitions are disposed of directing the respondent Corporation to re-induct the petitioners to service from 15.01.2024 and consider the claim of the petitioners as directed in Ext.P1 and P2 judgments. Sd/- BASANT BALAJI JUDGE JS WP(C) Nos.24966/2023, 38595/2023 -6- APPENDIX OF WP(C) 38595/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P3(a) Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO. 16405/2018 DATED 16-8-2022 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO. 33294/2023 DATED 16-10-2023 TRUE COPY OF THE APPLICATION FILED BY THE 8TH PETITIONER DATED 1-11-2023 TRUE COPY OF THE REPLY DATED 14-11-2023 ISSUED TO THE 8TH PETITIONER. TRUE COPY OF THE REGISTER DATED 3-10-2023 OF THE KATTAPPANA CLUSTER OFFICE TRUE COPY OF THE SMS RECEIVED BY THE 10TH PETITIONER FROM THE 1ST RESPONDENT. TRUE COPY OF THE SMS RECEIVED BY THE 8TH PETITIONER FROM THE 1ST RESPONDENT. TRUE COPY OF THE RECEIPT NO. E2/1013/2023/DO- KOTTAYAM DATED 20-10-2023 WP(C) Nos.24966/2023, 38595/2023 -7- APPENDIX OF WP(C) 24966/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO. 2263/2019 DATED 16-8-2022 TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 26-8-2023