Petitioners, conductors absorbed as empanelled staff in 2005, contested refusal of regularization after over 10 years of service. Court held claims allowed and directed corporation to examine cases and pass orders within two months.
Claim for regularization allowed; direction to 2nd respondent to pass appropriate orders within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
THURSDAY, THE 15TH DAY OF MARCH 2012/25TH PHALGUNA 1933
WP(C).No. 3100 of 2012 (J)
PETITIONER(S):
1. SANTHOSH KUMAR K., AGED 38 YEARS
AGED 38 YEARS,S/O.SEKHARAN.K,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION MALAPPURAM DEPOT.
2. A.GOVINDAN,
AGED 46 YEARS,S/O.CHATHAN.A,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION MALAPPURAM DEPOT.
3. A.SUKUMARAN,
AGED 42 YEARS,S/O.KEERAN APPADA EMPLOYED AS CONDUCTOR
KERALA STATE ROAD TRANSPORT CORPORATION MALAPPURAM DEPOT.
4. M.V.NARAYANAN KUTTY,
AGED 38 YEARS,S/O.VELAYUDHAN,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION NILAMBUR DEPOT.
5. ABDU NNASIR.T,
AGED 49 YEARS,S/O.VEERANKUTTY,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION PERINTHALMANNA DEPOT.
6. NANDANAN.T,
AGED 43 YEARS,S/O.KUMARAN.T,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION PERINTHALMANNA DEPOT.
WP(C).No. 3100 of 2012 (J)
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7. MOHAMMED SALEEM.M.P, AGED 45 YEARS,S/O.AHAMMED,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION PERINTHALMANNA DEPOT.
8. ALIAS.K.KAKKOOR, AGED 43 YEARS,S/O.K.C.ABRAHAM,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION PIRAVOMDEPOT.
9. ANIL KUMAR.P.N, AGED 39 YEARS,S/O.NARAYANKUTTY,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION PIRAVOM DEPOT.
10. P.K.SAJEEVAN, AGED 34 YEARS,S/O.A.KRISHNANKUTTY EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION PIRAVOM DEPOT.
11. BIJU.P.THOMAS,
12. SURESH.K..K,
13. T.K.ABDUL DINAF,
14. K.M.SAKEER HUSSAIN,
CONDUCTOR
WP(C).No. 3100 of 2012 (J)
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15. PRADEEP KUMAR.P, AGED 33 YEAS,S/O.PRASAD.N.K,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSP0RT CORPORATION PONKUNNAM DEPOT.
16. K.B.RAJEEV, AGED41 YEARS,S/O.BHASKARAN NAIR EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION PONKUNNAM DEPOT.
17. K.R.BAIJU, AGED 38 YEARS,S/O.K.K.RAMAKRISHNAN EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION ERUMELI DEPOT.
18. R.BHADRAN, AGED 44 YEARS,S/O.RAJAPPAN,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION VAIKOM DEPOT.
19. RAJESH.R.NAIR, AGED 32 YEARS,S/O.RAJASEKHARAN NAIR EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION KOTTAYAM DEPOT.
20. JOSE JACOB, AGED 43 YEARS,S/O.K.O.JACOB,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION KOTTAYAM DEPOT.
21. V.P.GOPI,
AGED 49 YEARS,S/O.VELAYUDHAN,EMPLOYED AS CONDUCTOR KERALA STATE ROAD TRANSPORT CORPORATION MUVATTUPUZHA DEPOT.
BY ADVS.SRI.B.S.SWATHY KUMAR
SMT.P.V.SOBHANA
SMT.M.G.AISHWARYA
WP(C).No. 3100 of 2012 (J)
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RESPONDENT(S):
1. STATE OF KERALA
2. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,EAST FORT THIRUVANANTHAPURAM-695003.REPRESENTED BY ITS
MANAGING DIRECTOR.
BY GOVERNMENT PLEADER, P.V.ELIAS BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
su/-
WP(C).No. 3100 of 2012 (J)
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APPENDIX
PETITIONER(S) EXHIBITS
EXT.P1 TRUE COPY OF THE ORDER G.O.(MS)NO.78/2011/TRAN DATED 22/12/11
EXT.P3 TRUE COPY OF THE COMMUNICATION NO.PL-01/2000/CZ/EKM DATED 18/10/2000.
RESPONDENTS' EXHIBITS: NIL.
/TRUE COPY/
P.A TO JUDGE
SU/-
B.P.RAY, J.
- - - - - - - - - - - - - - - - - - - - - - -
W.P.C.No. 3100 of 2012
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 15 th day of March, 2012.
J U D G M E N T
The petitioners are presently working as empanelled conductors in the 2nd respondent corporation. In the year 2000, they were appointed as conductors through employment exchange. Though they were initially appointed on provisional basis, they were absorbed as empanelled conductors in the year 2005. The petitioners have completed almost 11 years and four months as on 21/12/2011 and are legally entitled to be regularized as per Ext.P1. According to the petitioners, the refusal to do so relying on a mere proposal submitted by the 2nd respondent before the 1st respondent is highly illegal.
W.P.C.No. 3100 of 2012
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shall be examined by the 2nd respondent corporation and necessary orders will be passed within two months from the
date of receipt of a copy of this judgment.
This writ petition is closed as above.
B.P.RAY, JUDGE
su/-
2 issues framed by the court
Whether petitioners entitled to regularization after completing ten years of service.
Whether the corporation must examine regularization claims within two months.
Santhosh Kumar K. and Others
State of Kerala
Kerala State Road Transport Corporation
B.P. Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
