High Court of KeralaWP(C)/9445/2011disposed of

V.Mohanan v. The Managing Director, Ksrtc

2015-01-28Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 9445 of 2011 (E) ------------------------------------- PETITIONER:

-------------------------- V.MOHANAN,S/O. KRISHNAN CONDUCTOR (EMPANEL), KERALA STATE ROAD TRANSPORT CORPORATION CHALAKKUDY DEPOT, THRISSUR.

BY ADV. SRI.LIJU. M.P RESPONDENTS:

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

1. THE MANAGING DIRECTOR, KSRTC KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM - 695 007

2. THE ASSISTANT TRANSPORT OFFICER, OFFICE OF THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, CHALAKKUDY THRISSUR - 680 307 BY ADVS. SRI. M. GOPIKRISHNAN NAMBIAR, SC, KSRTC SRI.BABU JOSEPH KURUVATHAZHA, SC, KSRTC SRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9445 of 2011 (E) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE MEMORANDUM NO. E-136/2000/CLDY DATED 23.05.2000 ISSUED BY 2ND RESPONDENT P2 :

COPY OF THE RECEIPT FOR RS. 3000/- DATED 24.05.2000 P3 :

COPY OF THE MEMORANDUM NO. E1 - 139/02/CLDY DATED 29.06.2002 P4 :

COPY OF THE REPORT DATED 20.09.2010 ISSUED FROM GOVERNMENT MEDICAL COLLEGE, THRISSUR P5 :

COPY OF THE O.P. TICKET DATED 24.12.2010 P6 :

COPY OF THE PETITION DATED 28.12.2010 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT P7 :

COPY OF THE RECEIPT DATED 14.02.2011 P8 :

COPY OF THE PETITION DATED 14.02.2011 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT P9:

COPY OF THE ACKNOWLEDGMENT CARD RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 9445 OF 2011 ---------------------------------------- Dated this the 28th day of January, 2015

JUDGMENT

The respondents have no case in the statement filed by them that the petitioner refused to discharge his duty though offered. The only case is that the petitioner rendered 11 duties during the month of November 2010, 6 duties during the month of January 2011, 9 duties during the month of February 2011, and 19 duties during the month of March 2011. The petitioner cannot be blamed if no duty could be assigned to him even though he was willing to discharge his function. 2.

The decision to deduct Rs. 1,000/- every month from the security deposit of the petitioner is arbitrary. The respondents are restrained from effecting such deduction for the months aforestated. The sum of Rs. 1,000/- deposited by the petitioner under Ext. P7 receipt shall also be reimbursed to him within two months.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE