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2026 Supreme(Online)(Ker) 22017

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SARITH K.S – Appellant
Versus
THE KERALA STATE ROAD TRANSPORT CORPORATION – Respondent
WP(C) NO. 23592 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.SAJEEV KUMAR K.GOPAL
For the Respondents: SHRI.DEEPU THANKAN

The court emphasized the necessity of procedural fairness in administrative decisions regarding employment validation.

Headnote:The petitioner sought reliefs including a writ of mandamus to be treated as on duty during a specified period and to regularize absence due to medical grounds. The Court directed the first respondent to consider and pass orders on the requests within three months, ensuring the petitioner is heard. The petition was disposed as directed.

Table of Content
1. relief sought for employment validation. (Para 1 , 2)
2. court directs action on petitioner's requests. (Para 3)

J U D G M E N T

The petitioner approached this Court seeking the following reliefs;

“I. Issue a writ of Mandamus or other appropriate writs, directions or orders directing the respondents to treat the petitioner as on duty for the period from 04-09-2018 to 13-05-2022, from the date of submission of the request for rejoining duty with fitness certificate and till the date of sanction for rejoining duty, and to disburse all the consequential monetary benefits arising out of that;

II. Issue a writ of Mandamus or other appropriate writs, directions or orders directing the respondents to regularize the period of absence of the petitioner from 22-08-2018, the date of the accident to 04-09-2018, the date on which the petitioner produced the fitness certificate for rejoining duty as leave on medical grounds and disburse the monitory benefits arising out of it forthwith;

III. issue a writ of Mandamus or other appropriate writs, directions or orders directing the 2nd respondent to consider Exhibit P-8 representation submitted by the petitioner and to take steps to regularize the period of absence of the petitioner for duty and also by sanctioning the eligible leave;

IV. To dispense with the production of English Translation of documents which are in vernacular language;

V. Render such other orders as are deemed fit and proper in the circumstances of the case.”

2. The contention of the petitioner is that the petitioner ought to have been treated as on duty from 04.09.2018 to 13.05.2022. Seeking the said reliefs, the petitioner has preferred Exts.P8 and P9 requests before the respondent, the Kerala State Road Transport Corporation. The petitioner submits that no decision has been taken on the same. In the meanwhile, the respondents are attempting to effect recovery from the salary of the petitioner.

3. After hearing both sides, I am inclined to dispose of the writ petition with a direction to the 1st respondent to consider and pass appropriate orders on Exts.P8 and P9 requests submitted by the petitioner, after affording an opportunity of hearing to the petitioner, and to take a decision within the outer limit of three months from the date of receipt of a copy of this judgment. Till a decision is taken as directed above, the interim order granted by this Court will continue.

The writ petition is disposed of as above.

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