2022 Supreme(Online)(KER) 34478
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 WP(C) NO. 42270 OF 2022 PETITIONER:
SHAGI M.G., AGED 45 YEARS S/O. GEORGE M.J., CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, MUVATTUPUZHA DEPOT (RESIDING AT MANGALATHUKAROTTU HOUSE, KALOOR P.O., PERAMANGALAM, ERNAKULAM DISTRICT -
686 668) BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.
2 THE MANAGING DIRECTOR, KERAL STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERAL STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.
4 THE DISTRICT OFFICER FOR ERNAKULAM AT KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA DEPOT - 683 101.
5 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MUVATTUPUZHA DEPOT - 686 661.
SRI DEEPU THANKAN-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The singular plea of the petitioner in this Writ Petition is that the 2nd respondent – Managing Director of the Kerala State Road Transport Corporation (KSRTC), be directed to take up Ext.P6 representation and dispose it of, after affording him an opportunity of being heard.
2. Sri.K.P.Justine – learned counsel for the petitioner, submitted that his client is confining his plea as afore because, if Ext.P6 is disposed of adverting to Ext.P5, he is sure of obtaining the reliefs sought for in this Writ Petition.
3. Sri.Deepu Thankan – learned Standing Counsel for the KSRTC, prayed that though there is no legal impediment in Ext.P6 being considered by the 2nd respondent, no affirmative declarations be made by this Court in favour of the petitioner at this stage because it may have effect on other persons. He thus pleaded that all aspects be allowed to be decided by the said Authority.
Taking note of the afore submissions, I order this Writ Petition and direct the 2nd respondent – Managing Director, to take up Ext.P6 representation of the petitioner and dispose it of, adverting to Ext.P5 and after affording him, as also any other person who may be interested, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
JUDGE APPENDIX OF WP(C) 42270/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE MEMORANDUM NO. P-
414/2010/MVPA DATED 17.03.2010.
Exhibit P3 TRUE COPY OF REPRESENTATION BEFORE THE 2ND RESPONDENT DATED 30.11.2012.
Exhibit P4 TRUE COPY DETAILS OF DUTIES FOR THE PERIOD FROM 22.07.2005 TO 13.03.2010 ISSUED BY THE
5TH RESPONDENT.
Exhibit P5 TRUE COPY OF PENSION PAYMENT ORDER NO.
54201 ISSUED TO SRI. SATHYAN.P.
Exhibit P6 TRUE COPY OF REPRESENTATION DATED
19.11.2015.