Kerala State Road Transport Corporation v. B.Mohandas

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 WA.No. 1083 of 2015 () IN WP(C).31167/2014 -------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 31167/2014 of HIGH COURT OF KERALA DATED 28.05.2015 APPELLANT(S)/RESPONDENTS 1 AND 2 IN THE W.P(C): -------------------------------------------------- 1.

KERALA STATE ROAD TRANSPORT CORPORATION (K.S.R.T.C) TRANSPORT HOUSE, FORT THIRUVANANTHAPURAM - 695 023 REPRESENTED BY ITS MANAGING DIRECTOR.

2.

THE CHAIRMAN & MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT HOUSE, THIRUVANANTHAPRUAM 695 023.

BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC RESPONDENT(S)/PETITIONERS & RESPONDENTS 3 AND 4 IN THE WPC: ----------------------------------------------------------- 1.

B.MOHANDAS, AGED 55 YEARS, S/O.BALAGANGADHARA TILAKAN, INSPECTOR OFFICE OF THE CHIEF TRAFFIC OFFICER, CHIEF OFFICE KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT THIRUVANANTHAPURAM RESIDING AT AKKURKIZHAKKATHIL, SAKTHIKULANGARA P.O.

KOLLAM 691 581.

2.

K.N.PRAKASH, S/O.V.NEELAKANTA PILLAI, INSPECTOR, AGED 54 YEARS, KERALA STATE ROAD TRANSPORT CORPORATION CHATHANNUR DEPOT, RESIDING AT MANINADHAM, MABALLIKUNNAM CHATHANNUR P.O., KOLLAM 691 572.

WA1083/15 3.

V.S.AJIKUMAR, AGED 51 YEARS S/O.VELAYUDHAN ACHARI, INSPECTOR KERALA STATE ROAD TRANSPORT CORPORATION VIZHINJAM DEPOT RESIDING AT A.T.NIVAS, NELLIYODU, THIRUVALLAM P.O.

THIRUVANANTHAPURAM 695 027.

4.

S.BABY, AGED 55 YEARS S/O.SUKUMARAN, INSPECTOR KERALA STATE ROAD TRANSPORT CORPORATION PALODE DEPOT RESIDING AT AASRAYAM, PULIPPARA P.O., KADAKKAL KOLLAM 691 536.

BY SRI.SAJEEV KUMAR K.GOPAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

THOTTATHIL B.RADHAKRISHNAN & SUNIL THOMAS, JJ.

.................................................................... W.A.No.1083 of 2015 .................................................................... Dated this the 5th day of June, 2015.

J U D G M E N T

Thottathil B.Radhakrishnan, J.

1.We have heard the learned counsel for the writ appellant, Kerala State Road Transport Corporation.

2.The appeal is against an interlocutory order passed during pendency of writ petition. The first respondent/first writ petitioner appears to be one who was due to retire from service on 31.05.2015. The learned single Judge directed that the first writ petitioner may be provisionally promoted as Assistant Transport Officer on or before 30.05.2015, subject to the result of the writ petition, and that the payment of monetary benefits consequent on such promotion shall await till the disposal of the writ petition. The predominant intention of that order is to ensure that the first writ petitioner does not lose any benefit which may accrue to him in the event if the writ petitioners

WA1083/15 -2succeed. Balance of convenience was in favour of granting such an order to protect the interest of the first writ petitioner. We do not find any ground to interfere with the interlocutory order in this intra-court appeal, since the same has been issued on a fair and due application of mind by the learned single Judge. The appeal under Section 5 of the Kerala High Court Act, 1958, therefore, fails.

In the result, the writ appeal is dismissed in limine. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (SUNIL THOMAS, JUDGE) jg