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2015 Supreme(Online)(Ker) 41269

KERALA HIGH COURT
A.M. Shaffique, J
Yeswantha K. v. Managing Director Ksrtc Tvm and Others


Advocates:
For the Appellants/Petitioners:[Petitioner’s Counsel]
For the Respondents: [Standing Counsel for Kerala Transport Corporation]

Table of Content
1. service regularization criteria. (Para 1 , 3 , 4)
2. arguments regarding eligibility conditions. (Para 5 , 6 , 7 , 11)
3. interpretation of government orders. (Para 14 , 15 , 16)
4. clarification vs. correction in legislation. (Para 18 , 20)
5. final ruling on regularization eligibility. (Para 26 , 27)

1. The issue in this writ petition is with regard to the regularisation of an empanelled driver on his completion of 10 years of service without insisting on what is said to be a subsequently incorporated pre - condition of 120 duties per year. In fact, this issue has been adjudicated by this Court on more than one occasion.

2. Briefly stated, the petitioner was initially engaged in the respondent Corporation in 1996 through Ext. P7 as empanelled driver. From 1999 to 2004, he is said to have been disengaged on the ground of deployment of other drivers based on the advice of the Kerala Public Service Commission. In course of time, once again, beginning from 2005, the petitioner was admitted to duty.

3. While the petitioner had been continuing in service as empanelled driver, on 22/12/2011, the Government issued Ext. P3 Government Order directing the respondent Corporation






























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