Subash K.V. and others v. State of Kerala & Kerala State Road Transport Corporation (W.P.(C) No.23511/2014)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED 37 YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT. 2. BABU P.R., AGED 45 YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. 3. JOBY JOSEPH, AGED 39 YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT. 4. SIJO MATHAI, AGED 35 YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT. 5. BINOY.P.B., AGED 39 YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT. 6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 : 2 : 7. SHIBU.K.G., AGED 37 YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT. 8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT. 9. VINAYAN K.G., AGED 38 YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT. 10. REJI.T.K., AGED 42 YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT. 11. DILEEP KUMAR M.P., AGED 36 YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT. 12. SIDHEEQ M.M. AGED 38, S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT. 13. E.N.GOVINDAN NAMBOOTHIRI, AGED 43 YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT. 14. V.M.YOOSAF, AGED 45 YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 : 15. GOPAKUMAR.K.H., AGED 36 YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001. 2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **APPENDIX IN W.P.(C) No.23511 of 2014** ## **PETITIONER(S) EXHIBITS** - EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED 9.2.2004 - EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE FIRST PETITIONER DATED 30.4.2009 - EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED 21.7.2005 FILED IN W.P. (C) NO.28368/2004 - EXHIBIT P4 : TRUE COPY OF THE JUDGMENT DATED 24.6.2008 IN W.A.NO.1631/2007 - EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED 6.1.2006 ISSUED BY THE SECOND RESPONDENT. - EXHIBIT P6 : TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 28.1.2011. - EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED 25.11.2013 PREFERRED TO THE FIRST RESPONDENT. - EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED 25.11.2013 PREFERRED TO THE SECOND RESPONDENT. - EXHIBIT P9 : TRUE COPY OF THE JUDGMENT DATED 20.12.2013 IN W.P.(C) NO.31854/2013 - EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED 22.4.2014 BEARING NO.PL16/25055/14. - EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. ## **RESPONDENT(S) EXHIBITS** NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J. --------------------W.P (C) No.23511 of 2014 --------------------Dated this the 29[th] day of July, 2015 J U D G M E N T The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- “Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges.” It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders. 2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein. 3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order aforequoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC 1] and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC 575] in support of their contentions. 4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect 4 W.P(C) No.23511 of 2014 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/V.CHITAMBARESH, Judge. nj.