High Court of KeralaWP(C)/3275/2015disposed of

J.Manoharan v. State Of Kerala

2015-02-03Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WP(C).No. 3275 of 2015 (H) --------------------------- PETITIONER:

------------------- J.MANOHARAN, AGED 49 YEARS, S/O.JAMES, WORKING AS EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, VIZHINJAM DEPOT AND RESIDING AT TWINS COTTAGE, MUKKOLA, VENGANNOOR PO, THIRUVANANTHAPURAM - 695 523. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT(A) DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695001

2. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023 REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR BY GOVERNMENT PLEADER SRI. GIKKU JACOB BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3275 of 2015 (H) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - A TRUE COPY OF EXTRACT OF ATTENDANCE DETAILS DATED 13.03.2013 FOR THE PERIOD FROM 2000 TO 31.12.2012 ISSUED BY A.T.O., KSRTC, VIZHINJAM EXHIBIT P2 - A TRUE COPY OF G.O(MS) NO.78.TRAN DATED 22.12.2011 EXHIBIT P3 - A TRUE COPY OF MEMORANDUM NO.PL.12/025739/08 DATED 11.04.2012 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 - A TRUE COPY OF REPRESENTATION DATED 15.3.2013 EXHIBIT P5 - A TRUE COPY OF JUDGMENT DATED 22.3.2013 IN WP(C) NO. 8088/2013 EXHIBIT P6 - A TRUE COPY OF ORDER NO. PL.16/014915/2012 DATED 12.06.2013 EXHIBIT P7 - A TRUE COPY OF OUT PATIENT RECORD NO. OP 80569/09 (CASUALTY) DATED 5.4.2009 ISSUED TO THE PETITIONER EXHIBIT P8 - A TRUE COPY OF DECISION IN SURESH KUMAR VS. STATE OF KERALA (2013 (2) KLT 258) EXHIBIT P9 - A TRUE COPY OF JUDGMENT DATED 12.3.

2013 IN WP(C) NO. 22891/2013 EXHIBIT P10 - A TRUE COPY OF ISSUED ORDER NO. PL.16/014915/12 DATED 16.12.2013 EXHIBIT P11 - A TRUE COPY OF JUDGMENT DATED 19.12.2014 IN WP(C) 34507/2014 (P.R.SANIL KUMAR VS. STATE OF KERALA AND OTHERS) EXHIBIT P12 - A TRUE COPY OF JUDGMENT DATED 28.11.2014 IN WP(C) NO. 30691/2014 (YESWANTHA K. VS. THE MANAGING DIRECTOR, KSRTC AND OTHERS) RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 3275 OF 2015 ------------------------------------ Dated this the 3rd day of February, 2015

JUDGMENT

The issue is covered by Exts.P8 and P12 judgments relating to regularisation of empanelled workers. The services of the petitioner is therefore liable to be regularised in the wake of Ext.P1 attendance details and Ext.P2 Government Order. Ext.P10 order negating the claim of the petitioner is accordingly quashed.

The respondents are directed to regularise the services of the petitioner within a period of eight weeks from the date of production of a copy of this judgment. Needless to say that the regularisation is to be done in the post of Conductor Gr.II.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd