Allowed

Kerala State Road Transport Corporation Ksrtc v. Azad M.C

Kerala HC2 Sept 2021RP/536/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a review petition filed by Kerala State Road Transport Corporation to modify a judgment that had reinstated a terminated driver. The court inserted a rider enabling the Corporation to initiate appropriate action under the Kerala Civil Services Rules, 1960.

What did the court decide?

The judgment in W.P.C. No.1852/2021 modified by adding a rider allowing the Corporation to initiate appropriate action under specified rules.

Kerala State Road Transport Corporation Ksrtc Vs Azad… — Service and Employment | Kerala HC (2021)

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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 SUNIL THOMAS

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THURSDAY, THE 2^ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943

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RP NO. 536 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 1852/2021 OF HIGH COURT OF

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KERALA, ERNAKULAM

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REVIEW PETITIONERS / RESPONDENTS 1 & 2:

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1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REP BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023

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2 EXECUTIVE DIRECTOR (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023

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3 DISTRICT TRANSPORT OFFICER, KERALA STATE TRANSPORT CORPORATION, KOZHIKODE DEPOT, KOZHIKODE DISTRICT-673 001

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BY ADV DEEPU THANKAN

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RESPONDENT / PETITIONER:

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1 AZAD M.C., AGED 41 YEARS S/O. ABDULL, RESIDING AT MANNARACHOLA HOUSE, KAKKAOVE, VAZHAYOOR P.O, RAMANAUTTAKARA, MALAPPURAM DISTRICT-673 633, (EX- DRIVER, KSRTC, KOZHIKODE DEPOT)

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BY ADV.

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SRI N.SASIDHARAN UNNITHAN FOR RESPONDENT.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RP NO. 536 OF 2021

ORDER

Dated this the 02^nd day of September, 2021

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The K.S.R.T.C. has filed this petition to review the

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judgment in W.P.C. No.1852/2021, by which the termination of the writ petitioner by K.S.R.T.C. was set aside. Ext.P4 order of removal was quashed and the petitioner was directed to be reinstated in service. According to the writ petitioner, this Court, while allowing the Writ Petition did not reserve the liberty of the Corporation to take action in terms of Kerala Civil Services (Classification Control and Appeal) Rules, 1960. It was also contended that even in Ext.P7 decision relied by this Court, the Division Bench had reserved the liberty of the Corporation to take appropriate action against the employees after following due procedure of law.

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Heard the learned Standing Counsel for K.S.R.T.C. and the learned Counsel for the writ petitioner.

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The learned Counsel for the writ petitioner did not seriously oppose the application.

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RP NO. 536 OF 2021

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Having considered this, the judgment dated

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08.02.2021 of this Court will stand modified with a rider

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that “the above judgment will not stand in the way of K.S.R.T.C. initiating appropriate action in terms of Kerala Civil Services (Classification Control and Appeal) Rules, 1960”. This sentence will be added as the last sentence of the judgment. Issue corrected judgment to both sides.

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The Review Petition is allowed.

Sd/-

SUNIL THOMAS

JUDGE

SKP/2-9

RP NO. 536 OF 2021

APPENDIX OF RP NO.536 OF 2021

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PETITIONER'S EXHIBITS: NIL

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Kerala State Road Transport Corporation Ksrtc v. Azad M.C

Case brief

What is this about?

What did the court decide?

Kerala State Road Transport Corporation Ksrtc v. Azad M.C

Case brief

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What did the court decide?

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