High Court of KeralaWP(C)/2394/2015disposed of

K.P. Thilakan v. State Of Kerala

2015-01-29Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).No. 2394 of 2015 (Y) --------------------------- PETITIONER:

------------------ K.P. THILAKAN, AGED 48 YEARS, S/O.K.K.PADMANABHAN, WORKING AS EMPANEELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA DEPOT AND RESIDING AT KODAMANA HOUSE, PANANGOD P.O., KOCHI - 682 506.

BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS:

-----------------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, TRANSPORT (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023 REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR.

3. THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023.

4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA - 683 101.

BY GOVERNMENT PLEADER SRI. T.R. RAJESH BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2394 of 2015 (Y) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - A TRUE COPY OF CASH RECEIPT NO. 26696 DT. 28.02.2001. EXHIBIT P2 - A TRUE COPY OF THE CASH RECEIPT NO. 89291 DT. 08.11.05. EXHIBIT P3 - A TRUE COPY OF STATEMENT OF ATTENDANCE DETAILS IN RESPECT OF THE PETITIONER ISSUED UNDER RIGHT TO INFOMATION ACT BTY THE 4TH RESPONDENT'S OFFICE. EXHIBIT P4 - A TRUE COPY OF IDENTIFICATION CERTIFICATE DT. 20.04.12 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P5 - A TRUE COPY OF GO(MS) NO. 78/2011/TRAN DT. 21/12/11. EXHIBIT P6 - A TRUE COPY OF MEMORANDUM NO. PL 12/025739/08 DT. 11.4.12. EXHIBIT P7 - A TRUE COPY OF PROFORMA DT. 04.09.12 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P8 - A TRUE COPY OF REPRESENTATION DT. 08.08.14 FILED BEFORE THE SECOND RESPONDENTS.

EXHIBIT P9 - A TRUE COPY OF JUDGMENT DT. 03.10.13 IN WPC NO. 23209/13 (M.K.PRASANNAN AND ANOTHER VS. STATE OF KERALA AND ANOTHER) EXHIBIT P10 - A TRUE COPY OF JUDGMENT DT. 27.8.14 IN WPC NO. 22408/14. EXHIBIT P11 - A TRUE COPY OF THE ORDER NO. PL 16/014915/12 DT. 24.11.14. EXHIBIT P12 - A TRUE COPY OF THE JUDGMENT. A TRUE COPY OF JUDGMENT DT. 19.12.14 IN WPC NO. 34507/14.

EXHIBIT P13 - A TRUE COPY OF THE JUDGMENT DT. 28.11.14 IN WPC NO. 30691/14.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 2394 OF 2015 ------------------------------------ Dated this the 29th day of January, 2015

JUDGMENT

The issue is covered by Ext.P12 judgment in WP(C) No. 34507/2014 and Ext.P13 judgment in WP(C) No. 30691/2014. The services of the petitioner as an empanelled Conductor Gr. II is therefore liable to be regularised. The respondents are directed to regularise the services of the petitioner accordingly within a period of two months. Such regularisation shall be granted with effect from Ext.P5 Government Order dated 21.12.2011 and consequential benefits disbursed. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd