Kerala High Court · 2024

STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, TRANSPORT (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 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, TRANSPORTBHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN – 695 023 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAMTHITTA DEPOT, PATHANAMTHITTA, PIN – 689 001 SRI. DEEPU THANKAN, SC 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.42624 of 2023 2 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 Driver on 10.03.1999 at Thiruvalla Depot as a provisional hand after selection proceedings. Their service was regularized as per order dated 14.11.2014 to the post of Driver Grade II, and the regularization was on the basis of G.O.(MS) No.78/2011/TRAN dated 22.12.2011. 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 challenged the cancellation of regularization before this Court in W.P.(C)No.16405 of 2018 and connected cases, and by W.P.(C)No.42624 of 2023 3 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; therefore, there is delay and latches on the part of the petitioners in approaching this court, and, therefore, they are not entitled to any relief.

6. A perusal of Ext.P5 common judgment would make it clear that the corporation was directed to give the opportunity to the petitioners to verify the contents of the service books, voucher of payment, attendance W.P.(C)No.42624 of 2023 4 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.P27 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, it is evident that the petitioners were not given the opportunity as directed in Ext P5. Therefore, Ext.P1 cannot stand in the eye of the law and, therefore, is quashed. 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 W.P.(C)No.42624 of 2023 5 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.42624 of 2023 6 APPENDIX OF WP(C) 42624/2023 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 A TRUE COPY OF ORDER NO.PL16/004985/2017 (A & V A2) DATED 11.09.2023 ISSUED BY THE SECOND RESPONDENT A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 14.11.2014 IN RESPECT OF FIRST PETITIONER A TRUE COPY OF MEMORANDUM NO.PL12/025739/2008 DATED 22.08.2014 IN RESPECT OF SECOND PETITIONER 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 IN RESPECT OF FIRST PETITIONER, A.K. SANTHOSH KUMAR A TRUE COPY OF CONSOLIDATED STATEMENT OF ATTENDANCE DETAILS IN RESPECT OF THE SECOND PETITIONER A TRUE COPY OF PAY BILL FOR 1/1999 TO 12/1999 ISSUED TO THE FIRST PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE FOR THE YEAR 2000 KEPT BY THE FIRST PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE FOR THE YEAR 2001 KEPT BY THE FIRST PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE FOR THE YEAR 2002 TO 2006 KEPT BY THE FIRST PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE FOR THE YEAR 2007 KEPT BY THE FIRST PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE FOR THE YEAR 2008 TO 2011 KEPT BY THE FIRST PETITIONER A TRUE COPY OF PAY BILL FOR 1/1999 TO 12/1999 ISSUED TO THE SECOND PETITIONER W.P.(C)No.42624 of 2023 7 Exhibitp15 Exhibit P16 Exhibit P17 Exhibit P18 Exhibit P19 Exhibit P20 Exhibit P21 Exhibit P22 Exhibit P23 Exhibit P24 Exhibit P25 Exhibit P26 Exhibit P27 Exhibit P28 A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE DETAILS FOR1/2000 TO 12/2000 OF SECOND PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE DETAILS FOR 1/2001 TO 6/2001OF SECOND PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE DETAILS FOR 1/2002 TO 12/2002OF SECOND PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE DETAILS FOR 1/2003 TO 12/2003 OF SECOND PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE DETAILS FOR 1/2004 TO 12/2004 OF SECOND PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCES FOR 1/2005 TO 12/2005 OF SECOND PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE FOR 1/2006 TO 12/2006 OF SECOND PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE FOR 1/2007 TO 12/2007 OF SECOND PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE FOR 1/2008 TO 12/2008 OF SECOND PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE FOR 1/2009 TO 12/2009 OF SECOND PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE FOR 1/2010 TO 12/2010 OF SECOND PETITIONER A TRUE COPY OF BREAK UP DETAILS OF ATTENDANCE FOR 1/2011 TO 12/2011 OF SECOND PETITIONER A TRUE COPY OF THE MEMORANDUM NO. A & V A2 /007202/23 DATED 25.10.2023 ISSUED BY THE THIRD RESPONDENT A TRUE COPY OF JUDGMENT DATED 22.11.2023 IN W.P.(CIVIL) NO.38694/2023 W.P.(C)No.42624 of 2023 8