The court emphasized the importance of considering the petitioner's representation for regularization of the suspension period and providing him with an opportunity for a hearing before making a final decision.

Headnote:
SUSPENSION FROM SERVICE - REGULARIZATION OF PERIOD - KERALA STATE ROAD TRANSPORT CORPORATION DRIVER - MEDICAL BOARD CERTIFICATION OF 40% VISION - LIGHT DUTY ASSIGNED - CATEGORY CHANGE APPLICATION PENDING - REPRESENTATION FOR REGULARIZATION OF SUSPENSION PERIOD - DIRECTION TO PASS APPROPRIATE ORDERS WITHIN THREE MONTHS.
Fact of the Case:

The petitioner, a driver for the Kerala State Road Transport Corporation, was suspended from service and later reinstated through a court order. He was assigned light duty due to his 40% vision impairment, as certified by the Medical Board. The petitioner applied for a category change, which was pending consideration. During his suspension, he was not assigned any duty from 22.08.2023 to 03.01.2024. He filed a representation seeking regularization of this period.
Finding of the Court:

The court acknowledged that the petitioner had been given light duty and that the remaining issue was the regularization of the suspension period. It directed the 2nd respondent to consider the petitioner's representation (Ext.P6) and pass appropriate orders within three months from the date of receiving the judgment copy. The petitioner was to be given an opportunity for a hearing before the final orders were passed.
Issues: 1. Whether the petitioner was entitled to regularization of the suspension period during which he was not assigned any duty.
Ratio Decidendi: The court held that the petitioner's representation for regularization of the suspension period should be considered and appropriate orders passed within a reasonable time frame. The petitioner was to be given an opportunity for a hearing before the final decision.
Final Decision: The court directed the 2nd respondent to take up the petitioner's representation (Ext.P6) and pass appropriate orders within three months from the date of receiving the judgment copy. The petitioner was to be given an opportunity for a hearing before the final orders were passed.

2024:KER:13240 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 14TH DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 W.P.(C) NO.35047 OF 2023 PETITIONER:

BAIJOO.P.S, AGED 53 YEARS, S/O.SADANANDAN, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, PAPPANAMCODE DEPOT, (RESIDING AT VISHNU BHAVAN, KANNANKARA P.O., CHERTHALA), PIN 688 527.

–

BY ADVS.

K.P.JUSTINE (KARIPAT)

A.JOSEPH GEORGE (AZHIKKAKATH)

RESPONDENTS:

1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN 695 023 –

2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN 695 023.

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3 THE EXECUTIVE DIRECTOR(VIGILANCE), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN 695 023 –

4 THE DISTRICT OFFICER THIRUVANANTHAPURAM, KERALA STATE ROAD TRANSPORT CORPORATION, CENTRAL WORKS, PAPPANAMCODE, PIN 695 018 –

5 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PAPPANAMCODE, THIRUVANANTHAPURAM DIST., PIN 695 018 –

SRI. DEEPU THANKAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

14.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT (Dated: 14th February, 2024)

The petitioner is a driver of the Kerala State Road Transport Corporation attached to Pappanamcode Depot. While so he was suspended from service. He filed an appeal before the statutory authority and approached this Court by filing W.P. (C) No.22384 of 2023, and he was reinstated into service. Earlier, he was given light duty as per order dated 18.06.2022. The Medical Board of the Medical College Hospital, Kottayam, certified that he has only 40% vision. Therefore, he cannot be posted as a driver. The petitioner has already applied for category change which is pending consideration. Though he was heard by the Managing Director on

11.09.2023, no orders have been passed to date.

2. The grievance of the petitioner is that he was suspended from service without assigning duty from 22.08.2023 to 03.01.2024. Therefore, he filed another representation (Ext.P6) before the 2nd respondent seeking to regularise the period.

3. Heard counsel on either side.

4. Learned standing counsel for the respondents submits that Ext.P6 is the letter received from the petitioner.

Since the petitioner has already been given a light duty as per Ext.R(1), and what remains is the regularisation of the period of suspension, i.e., 22.08.2023 to

03.01.2024, to be treated as duty according to the petitioner. Hence, there will be a direction to the 2nd respondent to take up Ext.P6 and pass appropriate orders within a period of three months from the date of receipt of a copy of the judgment. The petitioner shall also be given an opportunity for a hearing before passing final orders.

Sd/-

BASANT BALAJI, JUDGE ss APPENDIX OF WP(C) 35047/2023 PETITIONER EXHIBITS:

Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY SUPERINTENDENT, GOVT.MEDICAL COLLEGE HOSPITAL, KOTTAYAM DATED 30.6.2021 Exhibit P2 TRUE COPY OF THE ORDER NO.P.L14/000362/2022 DATED 18.6.2022 Exhibit P3 TRUE COPY OF THE POSTING ORDER AS DRIVER VIDE ORDER NO.E1-4064/23/DO THRISSUR DATED

19.8.2023 Exhibit P4 TRUE EXTRACT OF SECTION - 20 OF THE RIGHTS OF PERSON WITH DISABILITIES ACT 2016 Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT DATED

22.8.2023 RESPONDENT EXHIBITS EXHIBIT R-1 true copy of the Memorandum dated 21/12/2023 issued by the Executive director (Administration)

PETITIONER EXHIBITS Exhibit P6 TRUE COPY OF REPRESENTATION DATED 29.1.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

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