High Court of KeralaWP(C)/25135/2015disposed of

G.Baiju v. State Of Kerala

2015-08-18Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 WP(C).No. 25135 of 2015 (N) ---------------------------- PETITIONERS:

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G.BAIJU, AGED 44 YEARS, S/O. G. GOPINATHAN, KODIVILA VEEDU, MULLIKKADU, CHITHARA P.O., KOLLAM 691 559 (EMPANELLED DRIVER, KSRTC, KULATHOOPUZHA DEPOT) 2.

MANSI B., AGED 41 YEARS, S/O. BALAN, CHARUVILA PUTHEN VEEDU, KALLUVETTAMKUZHY, MANCODE P.O., CHITHARA P.O., KOLLAM 691 559, (EMPANELLED DRIVER, KSRTC, CHADAYAMANGALAM DEPOT) BY ADV. SRI.R.PUSHPANGATHAN PILLAI RESPONDENTS:

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STATE OF KERALA REPRESNETED BY THE SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, THIRUVANANTHAPURAM 695 023.

BY GOVERNMENT PLEADER SMT. DEEPA G.N.

BY STANDING COUNSEL SRI. M. GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 25135/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE DUTY PASS NO. 26520 IN RESPECT OF THE 1ST PETITIONER.

EXHIBIT P2 :

TRUE COPY OF THE DUTY PASS NO. 2660 IN RESPECT OF THE 2ND PETITIONER.

EXHIBIT P3 :

TRUE COPY OF THE SSLC IN RESPECT OF THE 1ST PETITIONER. EXHIBIT P4 :

TRUE COPY OF THE SSLC IN RESPECT OF THE 2ND PETITIONER. EXHIBIT P5 :

TRUE COPY OF THE CASH RECEIPT NO. 66802 AND 25992. EXHIBIT P6 :

TRUE COPY OF THE DRIVING LICENCE NO. 25/1774/1993 DATED 22.12.2012 AND 25/553/1995 DATED 12.07.2013.

EXHIBIT P7 :

TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.

78/2011/TRAN. DATED 22.12.2011.

EXHIBIT P8 :

TRUE COPY OF COVER PAGE, PAGES 12 AND 13 CONTAINING CLAUSE XLIX OF THE BILATERAL AGREEMENT DATED 22.05.2012. EXHIBIT P9 :

TRUE COPY OF THE REPRESENTATION DATED 10.03.2015 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT WITH COPY TO THE 2ND RESPONDENT.

EXHIBIT P10 :

TRUE COPY OF THE JUDGMENT DATED 28.07.2015 IN WRIT PETITION (CIVIL) NO. 22631 OF 2015.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 25135 OF 2015 ------------------------------------ Dated this the 18th day of August, 2015

JUDGMENT

Ext.P8 bilateral agreement obliges the second respondent to take up the issue of regularisation of the services of the petitioners with the first respondent. The petitioners lament that the second respondent has not raised its little finger till date. This has prompted the petitioners to submit Ext.P9 representation with the first respondent and the same is pending.

I direct the first respondent to consider Ext.P9 representation with notice to the petitioners and the second respondent. The needful shall be done within a period of three months with due advertance to the relevant clauses in Ext.P8 bilateral agreement.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd