Petitioners challenging transfer orders citing violation of bilateral agreement clause 9.02. Court directed respondent to consider pending representations within three weeks. Petition disposed of.
Directed to consider pending representations within three weeks from the date of the judgment.
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 V.CHITAMBARESH
THURSDAY, THE 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937
WP(C).No. 2080 of 2016 (H)
PETITIONER(S)/PETITIONERS:
BY ADV. SRI.V.N.SUNIL KUMAR
RESPONDENT(S)/RESPONDENTS:
R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2080 of 2016 (H)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 TRUE COPY OF DUTY PASS ISSUED TO THE 1ST PETITIONER BY ASSISTANT TRANSPORT OFFICER,K.S.R.T.C.,KOTHAMANGALAM P2 TRUE COPY OF DUTY PASS ISSUED TO THE 2ND PETITIONER BY ASSISTANT TRANSPORT OFFICER,K.S.R.T.C.KOTHAMANGALAM P2(A) TRUE COPY OF THE EXTRACT OF THE S.S.L.C.BOOK OF THE 2ND PETITIONER ISSUED FROM GOVT.H.S.,ODAKKALI P3 TRUE COPY OF THE MEMO(RELIEVING ORDER)DATED 14-01-2016 ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT P3(A) TRUE COPY OF THE MEMO (RELIEVING ORDER)DATED 14-01-2016 ISSUED TO THE 2ND PETITIONER BY THE 3RD RESPONDENT P4 TRUE COPY OF GO(P)NO.71/2012/TRANSPORT DATED 27-11-2012 P5 TRUE COPY OF ANNEXURE 1-D OF THE BILATERAL AGREEMENT EXECUTED BETWEEN K.S.R.T.C.AND ITS UNIONS. P6-TRUE COPY OF THE REQUEST SENT BY FIRST PETITIONER P6(A)-TRUE COPY OF THE REQUEST SENT BY THE SECOND PETITIONER P7-TRUE COPY OF THE POSTAL RECEIPT DATED 20.1.2016 P7(A)-TRUE COPY OF THE POSTAL RECEIPT DATED 20.1.2016
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY
SKS
P.A TO JUDGE
V.CHITAMBARESH, J.
W.P (C) No.2080 of 2016
Dated this the 28th day of January, 2016
J U D G M E N T
The petitioners are aggrieved by Exts.P3 and P3(a)
memos under which they have been shifted from their Home Unit. This is done notwithstanding the fact that the petitioners have less than two years in service.
The writ petition is disposed of as above.
V.CHITAMBARESH,
sks Judge.
1 issue framed by the court
Whether the transfer of petitioners with less than two years service violates the bilateral agreement clause 9.02 regarding home unit transfers.
P.C. ASOKAN
M.P. RAJENDRAN
KERALA STATE ROAD TRANSPORT CORPORATION
CHAIRMAN AND MANAGING DIRECTOR, K.S.R.T.C.
ASSISTANT TRANSPORT OFFICER, K.S.R.T.C.
V CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
