Abdul Sathar K.M v. The Chairman And Managing Director

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937 WP(C).No. 15914 of 2015 (L) ---------------------------- PETITIONER:

------------------ ABDUL SATHAR K.M., AGED 44 YEARS, S/O.MYTHEEN KUNJU, MECHANIC GRADE-II, KERALA STATE ROAD TRANSPORT CORPORATION, KARUNAGAPPALLY, RESIDING AT KUNNEL HOUSE, NEELIKULAM, K.S.PURAM.P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. PIN - 690 544.

BY ADVS.SRI.T.C.GOVINDA SWAMY SMT.KALA T.GOPI SMT.S.SYAMALA DEVI SMT.T.N.SREEKALA SRI.K.JAYAKUMAR (RAVIPURAM) RESPONDENTS:

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1. THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION LTD., FORT, THIRUVANANTHAPURAM - 695 023.

2. THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION KARUNAGAPPALLI - 690 518.

BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15914 of 2015 (L) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE MEDICAL REPORT SUBMITTED BY THE CONSULTANT ORTHOPAEDIC SURGEON, VALIYATH INSTITUTE OF MEDICAL SCIENCES, KARUNAGAPPALLY, DATED 27.10.2014. EXHIBIT P2 - TRUE COPY OF MEDICAL CERTIFICATE ISSUED BY THE DISTRICT MEDICAL BOARD, KOLLAM, DATED 20.11.2014.

EXHIBIT P3 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT, DURING THE 3RD WEEK OF NOVEMBER 2014.

EXHIBIT P4 - TRUE COPY OF MEMORANDUM BEARING NO.E2 251/15/KNPY DATED 16.01.2015 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 - TRUE COPY OF LETTER BEARING PIO NO.1462/2015 DATED 23.03.2015 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER & ADMINISTRATIVE OFFICER IN THE OFFICE OF THE 1ST RESPONDENT.

EXHIBIT P6 - TRUE COPIES OF SOME OF THE COMMUNICATIONS INDICATING THAT PERSONS SIMILARLY SITUATED LIFE THE PETITIONER WERE GRANTED CHANGE OF CATEGORY.

EXHIBIT P7 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY ONE EMPLOYEE MR. PRAMOD O., FOR THE CHANGE/CONVERSION OF POST BY ENCLOSING MEDICAL BOARD CERTIFICATE DATED 21.03.2013 ALONG WITH HIS UNDERTAKING DATED 13.02.2013 SUBMITTED BEFORE THE RESPONDENTS.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 15914 OF 2015 ------------------------------------ Dated this the 19th day of June, 2015

JUDGMENT

The petitioner had filed Ext.P3 representation seeking category change. This is on the basis of Ext.P1 medical report and Ext.P2 medical certificate.

2.

The petitioner has now been posted on light duty for three months by Ext.P4 order. There has been no consideration of the request for category change with notice. 3.

I direct the first respondent to consider Ext.P3 representation with notice to the petitioner. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment.

4.

The petitioner shall be continued on light duty pursuant to Ext.P4 order till orders on merits are passed on Ext.P3 representation.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd