Madhusoodanan K. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 WP(C).No. 34269 of 2015 (G) ---------------------------- PETITIONER(S):

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1. MADHUSOODANAN K. AGED 43 YEARS S/O.NARAYANAN, CONDUCTOR, KSRTC PAYYANNOOR DEPOT, RESIDING AT KEENERI HOUSE, PERALAM KOZHUMMAL P.O, KANNUR DIST. 670 522.

2. RENEESH BABU .T.K.

S/O.GOVINDAN, CONDUCTOR, KSRTC THALSSERY DEPOT, RESIDING AT THAZHEMADATHIL KUNIYAL REEM NIVAS, ANIYARAM P.O. 670 672, CHOKLI VIA KANNOOR DIST.

3. CYRIL MATHEW, S/O.MATHAI, CONDUCTOR, KSRTC, KANNOOR DEPOT RESIDING AT PAMPARAYIL HOUSE, CHANDANAKAMPARA P.O. 670 633, PAYYAVOOR VIA, KANNOOR DIST.

4. SASIDHARAN V.P S/O.MADHAVAN C., CONDUCTOR, KSRTC THALASSERY, DEPOT, RESIDING AT VALIYA PARAMBATH HOUSE MOOZHIKKARA P.O., 670 103, THALASSERY KANNOOR DIST

5. PRAKASAHAN V S/O.GOVINDAN, CONDUCTOR, KSRTC KANNOOR DEPOT, RESIDING AT VACHALINTAVIDA HOUSE KOORARA P.O., 670 694, THALASSERY KANNOOR DIST.

6. UTHAMAN C.P S/O.GOVINDAN, CONDUCTOR, KSRTC KANNOOR DEPOT, RESIDING AT CHENNIPARAMBATH HOUSE CHERUPUZHA P.O., 670511, PANDIKADAVE KANNOOR DIST.

7. RAJANKUTTY T.N.

S/O.NARAYANAN, CONDUCTOR, KSRTC KANNOOR DEPOT, RESIDING AT THARAPPIL HOUSE PAYAM EAST P.O., 670 704, CHEENGAKUDAM KANNOOR DIST.

8. MANOJ KUMAR N.F.

S/O.FRANCIS, CONDUCTOR, KSRTC KANNOOR DEPOT, RESIDING AT NEDUMPALLIL HOUSE

MAVAKADAVU P.O., 670 571, ALAKODE VIA KANNOOR DIST.

9. HASHIM.P.P.

CONDUCTOR, KSRTC, THALASSERY DEPOT RESIDING AT BAITHUNNOOR, KALLILTHAZHA KUNIYIL MUTHUVADATHOR P.O., 673 503, PURAMERI KOZHIKODE DIST.

10. T.K.PAVITHRAN, S/O.PADMANABHAN.K., CONDUCTOR, KSRTC KANNOOR DEPOT, RESIDING AT SREEDEEPAM, THALAMUNDA KOODALI P.O. 670 592, KANNOOR DIST

11. GEORGE JOSEPH S/O.JOSEPH, CONDUCTOR, KSRTC GEORGE JOSEPH, RESIDING AT KOLLARICKAL HOUSE KOSAVANVAYAL P.O., 70 593, KANNOOR DIST.

12. VISHNU MEKKATTILLAM, CONDUCTOR, KSRTC, PAYYANNOOR DEPOT RESIDING AT MEKKATTILLA HOUSE, NIDUVAPPURAM KARIVELLOOR P.O., 670 531, KANNOOR DIST.

13. M.SETHUMADHAVAN CONDUCTOR, KSRTC, PAYYANNOOR DEPOT RESIDING AT MATHUKKADA HOUSE, KODAKKAT P.O., 671 310 KASARAGOD DIST

14. A.V.SURENDRAN CONDUCTOR, KSRTC, KANNOOR DEPOT RESIDING AT MEPAT HOUSE, EDATTUMMAL TRIKARIPUR P.O. 671 310

15. CHANDRAN KANNAMKULAM CONDUCTOR, KSRTC, PAYYANNOOR DEPOT RESIDING AT CHERUVATHUR P.O., 671 313 KASARAGOD DIST.

16. MURALI M.V.

S/O.APPU, CONDUCTOR, KSRTC KASARAGOD DEPOT, RESIDING AT NEDUMBA VALIYAPOIL P.O. 671 313, CHERUVATHUR VIA KASARAGOD DIST.

17. RETHNAKARAN.A.

S/O.N.KELU NAIR, CONDUCTOR, KSRTC KANHANGAD DEPOT, RESIDING AT KANATHIL HOUSE HARIPURAM P.O.671 531, ANANDESHRAM VIA KASARAGOD DIST.

18. CHANDRAN.P S/O.M.KRISHNAN NAIR, CONDUCTOR, KSRTC KANHANGAD DEPOT, RESIDING AT PERINGATH HOUSE KAMBALLUR P.O. 670 511, KASARAGOD DIST.

19. ANISH KUMAR P.

S/O.K.AMBADI MASTER, CONDUCTOR, KSRTC KANHANGAD DEPOT, RESIDING AT GOKULAM, MAYYICHA CHERUVATHOOR P.O., 670 313, KASARAGOD DIST.

20. CHANDRASEKHARAN NAMBIAR V.

S/O.M.KUMARAN NAIR, CONDUCTOR, KSRTC KASARAGOD DEPOT, RESIDING AT NELLITHAVE HOUSE KUTTIKOL P.O., CHENGALA VIA, KASARAGOD DIST.

BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S):

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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 REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM.

R1 BY ADV.K.A.SANJEETHA, SENIOR GOVERNMENT PLEADER R2 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34269 of 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: TRUE COPY OF THE MEMORANDUM ISSUED TO THE 1ST PETITIONER DATED 26/10/2004.

P2: TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 1ST PETITIONER DATED 7/4/2012.

P2(A):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 2ND PETITIONER DATED 7/4/2012.

P2(B):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 3RD PETITIONER DATED 7/4/2012.

P2(C):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 4TH PETITIONER DATED 7/4/2012.

P2(D):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 5TH PETITIONER DATED 7/4/2012.

P2(E):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 6TH PETITIONER DATED 7/4/2012.

P2(F):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 7TH PETITIONER DATED 7/4/2012.

P2(G):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 7TH PETITIONER DATED 7/4/2012.

P2(H):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 9TH PETITIONER DATED 7/4/2012.

P2(I):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 10TH PETITIONER DATED 7/4/2012.

P2(J):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 11TH PETITIONER DATED 7/4/2012.

P2(K):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 12TH PETITIONER DATED 7/4/2012.

P2(L):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 13TH PETITIONER DATED 7/4/2012.

P2(M):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 14TH PETITIONER DATED 7/4/2012.

P2(N):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 15TH PETITIONER DATED 7/4/2012.

P2(O):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 16TH PETITIONER DATED 7/4/2012.

P2(P):TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 17TH PETITIONER DATED 7/4/2012.

P2(Q):TRUE COPY OF THE PREFORM ISSUED TO THE 18TH PETITIONER DATED 14/2/2012.

P2(R):TRUE COPY OF THE MEMORANDUM ISSUED TO THE 19TH PETITIONER DATED 26/10/2004.

P2(S):TRUE COPY OF THE MEMORANDUM ISSUED TO THE 20TH PETITIONER DATED 7/4/2012..

P3:TRUE COPY OF THE AFFIDAVIT DATED 21/7/2005 FILED IN WPC NO.28368/2004.

P4:TRUE COPY OF THE JUDGMENT DATED 24/6/2008 IN W.A NO.1631/2007. P5: TRUE COPY OF THE MEMORANDUM DATED 6/1/2006 ISSUED BY THE 2ND RESPONDENT P6: TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 28/1/2011. P7: TRUE COPY OF THE REPRESENTATION DATED 14/10/2015 PREFERRED TO THE 1ST RESPONDENT P8: TRUE COPY OF THE REPRESENTATION DATED 14/10/2015 PREFERRED TO THE 2ND RESPONDENT P9: TRUE COPY OF GO(MS) NO:77/2011 DATED 22/12/2011. P10: TRUE COPY OF THE JUDGMENT DATED 29/7/2015 IN WPC NO.16602/2015

RESPONDENT(S)' EXHIBITS ---------------------------------------NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 34269 OF 2015 --------------------------------------- Dated this the 13th day of November, 2015

JUDGMENT

The contention of the petitioners is that they were appointed late notwithstanding the existence of vacancies. Such belated appointment has been deprecated in Ext.P4 judgment in W.A.No.1631/2007. The petitioners seek regularization in service from the date of initial engagement and consequential benefits.

2.

Ext.P8 representation put in by the petitioners is pending consideration. I direct the second respondent to consider Ext.P8 representation with notice to the first petitioner. 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 as above.

V.CHITAMBARESH, JUDGE sks