High Court of KeralaWP(C)/10082/2015disposed of

C.M. Ashraf v. State Of Kerala

2015-03-30Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(C).No. 10082 of 2015 (I) -------------------------------------- PETITIONER:

-------------------------- C.M. ASHRAF, AGED 44 YEARS S/O. MUHAMMED, EMPANELLED CONDUCTOR (EE) KERALA STATE ROAD TRANSPORT CORPORATION CHALAKKUDY AND RESIDING AT CHEITTETHUKUDI NOOLELI, ASAMANNOOR, KUNNATHUNADU ERNAKULAM 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 MANAGER ACCOUNTS IN CHARGE OF EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023 4.

THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHALAKKUDY - 680 307 R1 BY GOVERNMENT PLEADER SRI. T. R. RAJESH R2 TO R4 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10082 of 2015 (I) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE MEMO NO. E1/3494/2000/ANK DATED 28.12.2000 ISSUED BY THE ASSISTANT TRANSPORT OFFICER (IN SHORT A.T.O) KSRTC, ANGAMALY P2 :

COPY OF MEMO NO. E1/3494/2000/ANK DATED 04.01.2001 ISSUED BY THE ATO., KSRTC ANGAMALY P3 :

COPY OF STATEMENT OF ATTENDANCE DETAILS ISSUED BY THE TEMPORARY OFFICER KSRTC, AND ATO, CHALKKUDY FOR THE PERIOD FROM 2001 TO 7/2009 P4 :

COPY OF STATEMENT OF ATTENDANCE DETAILS ISSUED BY THE 4TH RESPONDENT FOR THE PERIOD FROM NOVEMBER 2009 TO MARCH 2012 P5 :

COPY OF G.O. (MS) NO. 78/2011/TRAN DATED 22.12.2011 P6:

COPY OF THE REPRESENTATION DATED 06.11.2012 P7:

COPY OF THE JUDGMENT IN W.P.(C). NO. 4601/2013 (ASHOK KUMAR AND OTHERS VS. STATE OF KERALA AND ANOTHER) P8:

COPY OF ORDER NO. 16/014915/2012 DATED 02.06.2013 P9:

COPY OF THE JUDGMENT DATED 03.04.2013 IN W.P.(C). NO. 8301/2013 (SURESH KUMAR V. STATE OF KERALA AND OTHERS (2013 (2) KLT 258) P10:

COPY OF THE JUDGMENT DATED 28.11.2014 IN W.P.(C). NO. 30691/2014 (YESWANTHA K V. MANAGING DIRECTOR, KSRTC AND OTHERS) RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 10082 OF 2015 ---------------------------------------- Dated this the 30th day of March, 2015

JUDGMENT

The issue is covered by Ext.P10 judgment in W.P.(C). No. 30691/2014. The services of the petitioner are therefore liable to be regularised in the wake of Exts. P3 and P4 attendance details and Ext. P5 Government Order. Ext. P8 order negativing the claim of the petitioner is accordingly quashed. 2.

The respondents are directed to regularise the services of the petitioner as Conductor Grade II within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE