The Kerala State Road Transport Corporation v. C.K.Subramanian
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 23rd 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 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 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 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 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