S.Dathan v. The Chairman & Managing Director

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 WP(C).No. 29050 of 2015 (E) ---------------------------- PETITIONER(S):

----------------- S.DATHAN, AGED 50 YEARS S/O.SUKUMARAN NAIR, THAMASSERY TKMC P.O., KARIKKODU, KOLLAM - 691 005.

(DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION KOTTARAKKARA DEPOT) BY ADV. SRI.R.PUSHPANGATHAN PILLAI RESPONDENT(S):

------------------- 1.

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

2.

THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION KOTTARAKKARA DEPOT - 691 010.

R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.29050 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE RELEVANT PAGE OF THE PETITIONER'S SCHOOL ADMISSION REGISTER EXHIBIT P2 :

TRUE COPIES OF RECEIPTS NO.009009 DATED 20.2.1997 AND NO.17084 DATED 4.2.2006 EXHIBIT P3 :

TRUE COPY OF PETITIONER'S DUTY PASS NO.32707 EXHIBIT P4 :

TRUE COPY OF PETITIONER'S DRIVING LICENCE NO.2/1009/1988 DATED 18.6.2013 EXHIBIT P5 :

TRUE COPY OF ORDER NO.E.27/2001 M (ELECY.) DATED 25.6.2001.

EXHIBIT P6 :

TRUE COPY OF DUTY DETAILS OBTAINED UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P7 :

TRUE COPY OF GOVERNMENT ORDER IN G.O. (MS) NO.78/2011/TRAN. DATED 22.12.2011.

EXHIBIT P8 :

TRUE COPY OF JUDGMENTS DATED 19.6.2013 IN WRIT PETITIONS NOS.14708 AND NO.14809 OF 2013 EXHIBIT P9 :

TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.340/2014 EXHIBIT P10 :

TRUE COPY OF THE JUDGMENT DATED 12.2.2014 IN WRIT APPEAL NO.101/2014 EXHIBIT P11 :

TRUE COPY OF THE JUDGMENT DATED 28.11.2014 IN W.P.(C) NO.30691/2014 EXHIBIT P12 :

TRUE COPY OF THE JUDGMENT IN WRIT PETITION (CIVIL) NO.7559/2012 DATED 11.4.2012.

EXHIBIT P13 :

TRUE COPY OF THE LETTER NO.PL-16/014915/12 DATED 28.9.2012 EXHIBIT P14 :

TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.28076/2012 DATED 31.5.2014.

EXHIBIT P15 :

TRUE COPY OF THE COMMUNICATION DATED 20.5.2015 EXHIBIT P16 :

TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.17089/2015 DATED 9.6.2015.

EXHIBIT P17 :

TRUE COPY OF THE REPRESENTATION DATED 15.6.2015. RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.29050 of 2015 --------------------- Dated this the 29th day of September, 2015

J U D G M E N T

The petitioner asserts that the number of days worked by him under the Kerala State Road Transport Corporation was not correctly reckoned earlier. The error in the calculation of the number of working days led to the rejection of his plea for regularisation put in years ago. The petitioner now heavily relies on Ext.P6 duty details elicited under the Right to Information Act. The petitioner points out that he has worked the requisite number of days making him eligible for regularisation in service.

2. Ext.P17 representation filed by the petitioner in this regard is pending consideration. I direct the first respondent to consider Ext.P17 representation with notice to the petitioner in the light of Ext.P7 Government Order and the decision of this Court in Suresh Kumar v. State of Kerala [2013

(2) KLT 258]. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/29.09.15