Disposed

Nusrath Patteri v. the State of Kerala

Kerala HC23 Feb 2018WP(C)/6117/2018

Case brief

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What is this about?

This judgment disposed of a writ petition filed by a suspended Junior Assistant seeking re-instatement. Without adjudicating merits, the court directed the Chairman and Managing Director of KSRTC to treat the petitioner's representation as an appeal under Rule 22 of the Kerala Civil Services Rules and pass orders within four weeks.

What did the court decide?

Directed the 2nd respondent to consider the petitioner's representation as an appeal under Rule 22 of Kerala Civil Services Rules and pass orders within four weeks.

Nusrath Patteri Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939

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WP(C).No. 6117 of 2018

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PETITIONER

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NUSRATH PATTEERI, AGED 43 YEARS, D/O. MOHAMMED, JUNIOR ASSISTANT(UNDER ASSISTANCE), KERALA STATE ROAD TRANSPORT CORPORATION, PATTERI HOUSE, VETTILAPARA P.O., MALAPPURAM, PIN - 673 639.

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BY ADVS.VINOD SINGH CHERIYAN R.SUDHISH M.MANJU T.M.KHALID K.P.SUSMITHA V.MIMITA

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RESPONDENTS

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1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM-695001.

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

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3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MALAPPURAM-676505.

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R1 BY GOVERNMENT PLEADER : SMT.C.S.SHEEJA R2 & R3 BY SHRI.T.P SAJAN, SC, KERALA STATE ROAD TRANSPORT CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6117 of 2018 (L)

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APPENDIX

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PETITIONERS EXHIBITS

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EXHIBIT P1	COPY OF THE MEMORANDUM NO. PL1/005330/16 DATED 24.08.2016 OF THE EXECUTIVE DIRECTOR (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM.
EXHIBIT P2	COPY OF THE MEMORANDUM NO. PL1/005344/16 DATED 12.01.2017 OF THE EXECUTIVE DIRECTOR, (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM.
EXHIBIT P3	COPY OF THE MEMORANDUM NO. EDP.000831/2002 DATED 30.08.2017 OF THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM.
EXHIBIT P4	COPY OF THE ORDER TRD NO.333/17 DATED 21.10.2017 OF THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MALAPPURAM.
EXHIBIT P5	COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM.
EXHIBIT P6	COPY OF THE REPRESENTATION DATED 19.01.2018 SUBMITTED BY THE PETITIONER BEFORE THE PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, TRIVANDRUM.
EXHIBIT P7	COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN VIKRAMAN NAIR K v. STATE OF KERALA, 2008(4) KHC 412.
EXHIBIT P8	COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT OF INDIA IN AJAY KUMAR CHOUDHARY V. UNION OF INDIA(2015 KHC 4191).

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

bpr

ANIL K. NARENDRAN, J.

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W.P.(C) No.6117 of 2018

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Dated this the 23^rd day of February, 2018

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JUDGMENT

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The petitioner, who was working as a Junior Assistant in the Malappuram depot of the Kerala State Road Transport Corporation, has been placed under suspension by Ext.P4 order dated 21.10.2017 of the 3^rd respondent. The petitioner has approached this Court in this writ petition, seeking a writ of mandamus commanding the respondents to reinstate him in service, taking note of the law laid down by the Apex Court

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in Ajaykumar Choudhary v. Union of India through its Secretary and another [2015(7) SCC 291] . The petitioner

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has also sought for a writ of certiorari to quash Ext.P4 order of suspension.

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Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for the 1^st respondent State and also the learned Standing Counsel for KSRTC representing respondents 2 and 3.

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W.P.(C) No.6117 of 2018 :-2-:

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During the course of arguments, the learned Standing Counsel for KSRTC would point out that Ext.P4 order is appealable under Rule 22 of the Kerala Civil Services (Classification, Control and Appeal) Rules and that Ext.P5 representation submitted by the petitioner through proper channel can be treated as an appeal before the 2^nd respondent and that, the said respondent shall consider the same and pass appropriate orders thereon, with notice to the petitioner.

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In such circumstances, without going into the merits of the rival contentions, this writ petition is disposed of by directing the 2^nd respondent to consider and pass appropriate orders on Ext.P6 representation made by the petitioner by treating it as an appeal filed under Rule 22 of the Kerala Civil Services (Classification, Control and Appeal) Rules, as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a certified copy of this judgment, with notice to the petitioner and after affording her an opportunity of being heard.

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W.P.(C) No.6117 of 2018 :-3-:

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It is made clear that the 2^nd respondent shall pass orders on Ext.P6, strictly in accordance with law. All legal and factual contentions raised by the petitioner are left open

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to be raised before the 2^nd respondent.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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bpr

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//TRUE COPY//

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P.A. TO JUDGE

Nusrath Patteri v. the State of Kerala

Case brief

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Nusrath Patteri v. the State of Kerala

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