High Court of KeralaDivision BenchWrit appeals disposed of; matter to be reconsid...

KERALA STATE ROAD TRANSPORT CORPORATION v. C.K.SUBRAMANIAN & ORS

Case / Petition Number:WA.No. 2036 of 2015

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Thottathil B. Radhakrishnan
  • Anu Sivaramaran
Judgment Date
2015-11-23
Court Decision / Holding
Writ appeals disposed of; the matter is directed to be reconsidered by the Government in terms of applicable Rules of Business and the Road Transport Corporations Act, 1950, particularly Section 34 and Section 45(2)(c), with finance and cabinet involvement as required. The observations in paragraphs 7–8 of the impugned judgment are to be understood as indicative and not as binding guidelines; the Court clarifies that the judicial order should not steer executive policy. The KSRTC’s challenge to the lower court’s reasoning is rejected to the extent that reconsideration by the Government is required.
Final Disposition
Writ appeals disposed of; matter to be reconsidered by the Government in accordance with the Rules of Business under applicable provisions (RT Act, 1950 and Kerala Service Rules). Paragraphs 7–8 of the impugned judgment clarified as indicative, not prescriptive guidelines.

Parties to the Case

Appellants / Petitioners

  • KERALA STATE ROAD TRANSPORT CORPORATION

Respondents

  • C.K.Subramanian
  • G.Krishnan Nair
  • V.Mohandas
  • P.C.Joseph
  • A.Anzari
  • R.Vimalakshan
  • K.Prasad
  • A.Nazeema
  • A.Srajudeen
  • K.Sainudeen
  • A.Basheer
  • S.Venu
  • S.Suresh Kumar
  • K.R.Sasikumar
  • Gladson Fernandez
  • Ponnachan Mathew
  • K.Chandraprakash
  • D.Rajan
  • A.Abdul Kharim
  • M.Satheesh Kumar
  • D.K.Ajith Santhoshkumar
  • N.Sudhakaran
  • K.Yesodharan
  • A.Yesudasan
  • K.Babu
  • Chandra Babu C
  • S.Thajunizar
  • M.Gopinathan Nair
  • M.B.Sreekumar
  • G.Justine
  • S.Abdul Salam
  • V.S.Ambili
  • S.Rajendrannair
  • M.Salim
  • State of Kerala Represented by its Secretary, Transport Department

Legal Representation & Advocates

Counsels for Petitioners

  • • M.GOPIKRISHNAN NAMBIAR, SC, KSRTC

Counsels for Respondents

  • • K.P.RAJEEVAN
  • • SRI.VIJU THOMAS

Case Synopsis & Summary

These writ appeals challenge a common judgment dated 29 July 2015 in W.P(C) No. 14843 of 2015 and connected cases, which held that KSRTC’s board-initiated proposal to raise the retirement age of officers and staff to 58 years required reconsideration by the Government under the Road Transport Corporations Act, 1950 and Kerala Service Rules. The KSRTC Board resolved to refix retirement age at 58 in February 2015 and forwarded the decision to the Government. The Court noted that the materials before the single Judge showed the Finance Department’s opinion had not been obtained and the decision did not traverse the statutory pathway under Section 34; there was no Cabinet decision, and thus the Government had not formally considered the proposal as required. The Court reaffirmed that Section 34 and related provisions dictate conformity with directions from the State Government under Section 45(2)(c), and that the decision-making process must go through proper channels. It also referenced Mysore State Transport Corporation v. Gopinath Gundachar Char (AIR 1968 SC 464) to underline the conjoint effect of Sections 14(3)(b), 34 and 45(2)(c). The appellants argued the court’s observations in paragraphs 7–8 amounted to guidance; the respondents opposed this. The Division Bench clarified that the observations are indicative, not binding guidelines, and directed de novo reconsideration by the Government under applicable Rules of Business. The writ appeals are accordingly ordered.

Provisions of Law Cited

Section 14(3)(b) of the Road Transport Corporations Act, 1950Section 34 of the Road Transport Corporations Act, 1950Section 45(2)(c) of the Road Transport Corporations Act, 1950Kerala Service Rules

Legal Doctrines & Maxims

  • de novo consideration
  • Conjoint effect of Sections 14(3)(b), 34 and 45(2)(c) of the Road Transport Corporations Act, 1950 which requires conformity to Government directions under Section 45(2)(c)

Submissions & Arguments

Contentions of Appellants / Petitioners

KSRTC contends that the Board’s 2015 decision to raise the retirement age to 58 involves financial obligations and, crucially, did not receive requisite government clearance under Section 34 of the RT Act and did not reach Cabinet; the process violated statutory requirements and Kerala Rules of Business. It argues that the Supreme Court authority in Mysore State Transport Corp. v. Gopinath Gundachar Char supports government-directed conformity under Section 45(2)(c). KSRTC maintains that the judgment’s paragraphs 7–8 must not be construed as judicial guidelines guiding executive action and urges de novo government consideration within proper constitutional and statutory channels. The KSRTC also asserts that the Finance Department’s opinion was not obtained, rendering the proposal incomplete for government decision-making, and that the matter requires fresh, rule-compliant examination by the Government.

Contentions of Respondents

Respondents oppose the KSRTC’s push to challenge the single Judge’s reasoning; they stress that any retirement-age change affects public finances and must pass through Finance and Cabinet scrutiny per Section 34 and the State’s Rules of Business. They contend that the court’s observations were not intended as binding guidance and should not be construed as a directive to the Government; they emphasize that the decision-making process in the KSRTC’s proposal should be re-evaluated by the Government in accordance with legal provisions and departmental rules. They maintain that the Government must determine the proper constitutional path for any alteration in superannuation, consistent with the statutory framework.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Mysore State Transport Corporation v. Gopinath Gundachar CharAIR 1968 SC 464PositiveCited to support the principle that the appointment and conditions of service must conform to directions from the State Government under Section 45(2)(c) in conjunction with Sections 14(3)(b) and 34 of the RT Act, 1950.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937** **WA.No. 2036 of 2015 () IN WP(C).14223/2015 --------------------------------------------** **AGAINST THE ORDER/JUDGMENT IN WP(C) 14223/2015 of HIGH COURT OF KERALA DATED 29-07-2015** ## **APPELLANT(S)/2ND RESPONDENT IN WPC:** **-----------------------------------** **THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR K.S.R.T.C FORT THIRUVANANTHAPURAM - 695 023.** **BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC** ## **RESPONDENT(S)/PETITIONERS IN WPC:** **---------------------------------** **1. C.K.SUBRAMANIAN DRIVER, KSRTC, PERUMBAVOOR DEPOT ERNAKULAM - 683 542.** ## **2. G.KRISHNAN NAIR** **DRIVER, KSRTC, PERUMBAVOOR DEPOT PERUMBAVOOR, ERNAKULAM - 683542.** ## **3. V.MOHANDAS** **DRIVER, KSRTC, PERUMBAVOOR DEPOT PERUMBAVOOR, ERNAKULAM - 683 542.** **4. P.C.JOSEPH** **DRIVER, KSRTC, NORTH PARVOOR DEPOT NORTHPARVOOR, ERAKULAM - 683 513.** ## **5. A.ANZARI** **DISTRICT TRANSPORT OFFICER, KSRTC KARUNAGAPPALLY DEPOT, KARUNAGAPPALLY KOLLAM - 690 518.** **6. R.VIMALAKSHAN INSPECTOR, KSRTC, KARUNAGAPPLAY DEPOT KARUNAGAPPALLY, KOLLAM - 690 518.** **7. K.PRASAD DRIVER, KSRTC, KOLLAM DEPOT KOLLAM 690 518.** ## **WA.No. 2036 of 2015** **-2-** **8. A.NAZEEMA PERSONAL OFFICER, KSRTC, KOLLAM DEPOT KOLLAM - 690 518.** **9. A.SRAJUDEEN CONDUCTOR, KSRTC, KOLLAM DEPOT KOLLAM - 690518.** **10. K.SAINUDEEN ASSISTANT TRNASPORT OFFICER, ARYANAD DEPOT, ARYANAD THIRUVANANTHAPURAM - 695 542.** **11. A.BASHEER DISTRICT TRANSPORT OFFICER, KSRTC CHADAYAMANGALAM DEPOT, CHADAYAMANGALAM KOLLAM - 691 534.** **12. S.VENU ASSISTANT TRANSPORT OFFICER, KSRTC, PUNALOOR DEPOT KOLLAM - 691 305.** ## **13. S.SURESHKUMAR** **INSPECTR, KSRTC, KARUNAGAPPALLY DEPOT KARUNAGAPPALLY, KOLLAM - 690 518.** ## **14. K.R.SASIKUMAR** **ASSISTNAT TRANSPORT OFFICER, KSRTC, THIRUVALLA DEPOT TIRUVALLA, PATHANAMTHITTA - 689 101.** ## **15. GLADSON FERNANDEZ** **ASSISTNAT TRNASPORT OFFICER, KSRTC, KANIYAPURAM DEPOT KANIYAPURAM, THIRUVANANTHAPURAM - 695 301.** **16. PONNACHAN MATHEW ASSISTANT TRANSPORT OFFICER, KSRTC CHANGANASSERY DEPOT, CHANGANASSERY KOTTAYAM - 686 101.** ## **17. K.CHANDRAPRAKASH** **ASSISTANT TRANSPORT OFFICER, KSRTC, CHENGANNUR DEPOT CHENGANNUR, ALAPPUZHA - 689 121.** ## **18. D.RAJAN** **CONDUCTOR, KSRTC, VIZHINJAM DEPOT VIZHINJAM, THIRUVANANTHAPURAM - 695 521.** ## **19. A.ABDUL KHARIM** **CONDUCTOR, KSRTC, NEYYATINKARA DEPOT NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121.** ## **20. M.SATHEESH KUMAR** **CONDUCTOR, KSRTC, PAPPANAMCODE DEPOT PAPPANAMCODE, THIRUVANANTHAPURAM - 695 018.** **WA.No. 2036 of 2015** **-3-** **21. D.K.AJITH SANTHOSHKUMAR INSPECTOR, KSRTC, POOVAR DEPOT POOVAR, THIRUVANANTHAPURAM - 695 525.** **22. N.SUDHAKARAN INSPECTR, KSRTC, NEYYATTINKARA DEPOT NEYYATTINAKRA, THIRUVANANTHAPURAM - 695 121.** **23. K.YESODHARAN DRIVER, KSRTC, VELLARADA DEPOT VELLARADA, THIRUVANANTHAPURAM - 695 505.** **24. A.YESUDASAN CONDUCTOR, KSRTC, KOTTARAKARA DEPOT KOTTARAKKARA, KOLLAM - 691 533.** ## **25. K.BABU** **INSPECTOR KSRTC, PEROORKADA DEPOT, PEROORKADA THIRUVANANTHAPURAM - 695 005.** ## **26. CHANDRA BABU C** **CONDUCTOR, KSRTC, PEROORKADA DEPOT PEROORKADA, THIRUVANANTHAPURAM - 695 005.** **27. S.THAJUNIZAR DRIVER, KSRTC, VENJARAMOODU DEPOT VENJARAMOODU, THIRUVANANTHAPURAM - 695 607.** **28. M.GOPINATHAN NAIR DRIVER, KSRTC, VENJARAMOODU DEPOT VENJARAMAOODU, THIRUVANANTHAPURAM - 695 607.** ## **29. M.B.SREEKUMAR** **STORES OFFICER, STATIONARY STORES CHIEF OFFICE THIRUVANANTHAPURAM - 695 023.** ## **30. G.JUSTINE** **VEHICLE SUPERVISOR, KSRTC, KATTAAKADA DEPOT KATTAKADA, THIRUVANANTHAPURAM - 695 072.** ## **31. S.ABDUL SALAM** **ASSISTANT TRANSPORT OFFICER, KSRTC, VENJARAMOODU DEPOT VENJARAMOODU, THIRUVANANTHAPURAM - 695 607.** **32. V.S.AMBILI INSPECTOR, KSRTC, VENJARAMOODU DEPORT VENJARAMOODU, THIRUVANANTHAPURAM - 695 607.** **33. S.RAJENDRANNAIR DRIVER, KSRTC, VENJARAMOODU DEPOT VENJARAMOODU, THIRUVANANTHAPURAM - 695 607.** ## **WA.No. 2036 of 2015** **-4-** **34. M.SALIM CONDUCTOR (SPECIAL GRADE), KSRTC, KATTAKADA DEPOT THIRUVANANTHAPURAM - 695 072.** **35. STATE OF KERALA REPRESENTED BY ITS SECRETARY, TRANSPORT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **R1-R34 BY ADV. SRI.K.P.RAJEEVAN R35 BY GOVERNMENT PLEADER SRI.VIJU THOMAS** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23-11-2015, ALONG WITH WA. 2065/2015, WA. 2125/2015, WA. 2264/2015, WA. 2302/2015, WA. 2303/2015, WA. 2380/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **THOTTATHIL B.RADHAKRISHNAN & ANU SIVARAMAN, JJ.** ## **----------------------------------------------W.A.Nos.2036, 2065, 2125, 2264 2302, 2303 & 2380 of 2015** ## **----------------------------------------------Dated this the 23[rd] November, 2015** ## **JUDGMENT** ## **Thottathil B.Radhakrishnan, J.** These writ appeals by the Kerala State Road Transport Corporation (KSRTC) are against the common judgment dated 29.7.2015 in W.P(C).No.14843 of 2015 and connected cases. 2. Heard learned counsel for the KSRTC and the learned counsel appearing for the respondents. 3. The Board of Directors of KSRTC resolved to refix the age of retirement of its employees and officers at 58 years. That decision taken in the meeting of the Board of Directors held on 23.2.2015 was forwarded to the Government. The law laid by the Honourable Supreme Court of India through a five judge Bench in _**Mysore State Transport Corporation v. Gopinath Gundachar Char**_ (AIR 1968 SC 464) is that _**WA.2036/15 & connected cases**_ 2 the conjoint effect of Sections 14(3)(b), 34 and 45(2)(c) of the Road Transport Corporations Act, 1950 is that the appointment of officers and servants and their conditions of service must conform to the directions, if any, given by the State Government under Section 45(2)(c). 4. Going by the materials perused by the learned single Judge as part of the files of the Government, it was noticed that the decision of the KSRTC to enhance the retirement age of its officers and staff; which indisputably involves financial obligations; did not go up to the Finance Department in the Government; but it was concluded at the hands of the Secretary to Government in the Ministry of Transport recording in the files that as per the pension conditions including retirement age governed by the Kerala Service Rules, as agreed to by the management and the unions, the proposal of KSRTC to enhance the age of superannuation of its employees need not be considered. That was communicated to KSRTC on behalf of the Secretary to _**WA.2036/15 & connected cases**_ 3 Government in the Transport Department by the Deputy Secretary. The fact of the matter remains that the opinion of the Finance Department was not obtained and the decision making process which could have concluded under the provisions of Section 34 of the Road Transport Corporations Act, 1950 never went up for consideration in the hierarchy of the Government and it did not reach the Cabinet and there was no Government decision expressed as required in terms of Section 34 of the Road Transport Corporations Act. Obviously therefore, the learned single Judge was justified in holding that the matter requires to be reconsidered by the Government following the applicable Rules of business of the Government. 5. Be that as it may, the heartburns of the KSRTC through these appeals appear to be that the observations and references made to certain facts in paragraphs 7 and 8 of the impugned judgment tend to indicate that this Court had issued certain guidelines, in relation to factual issues, to _**WA.2036/15 & connected cases**_ 4 guide the Government to reach at a decision. We may at once note the strong opposition taken by the learned counsel for the respondents to these appeals by the KSRTC. He says that the KSRTC decided that the age of superannuation of its employees and officers should be enhanced and it has now virtually turned round to challenge the decision of the learned single Judge. 6. On a deeper consideration of the aforesaid issue, we are of the view that what the KSRTC now projects is essentially the need to have a _de novo_ consideration by the Government without any guiding drills being suggested through the judicial order. We say so, because, as rightly pointed out by the learned counsel for the KSRTC, there appears to be a suggestion, atleast in a remote sense, in paragraph 8 of the impugned judgment that the question of retro activities of any revision of superannuation of age would be worthwhile considering in the backdrop of the facts situation relating to different States as reflected in paragraph 7 of the impugned judgment. The views expressed through _**WA.2036/15 & connected cases**_ 5 judicial orders, atleast quite often, are taken as good advices by the Executive; not necessarily always. Having regard to the peculiar facts and circumstances of the cases in hand, we are of the view that the learned single Judge having rightly concluded that the matter requires consideration afresh by the Government, the expressions in paragraphs 7 and 8 of the impugned judgment have to be considered as indicative of certain facts situations, without amounting to any specific recommendation through the judicial order. We clarify the impugned judgment to that effect. The writ appeals are ordered as above. **THOTTATHIL B.RADHAKRISHNAN JUDGE** **ANU SIVARAMAN JUDGE** vgs24/11