Allowed

Kerala State Road Transport Corporation v. S.L.Arun

Kerala HC2 Sept 2021RP/539/2021

Case brief

AI extract

What is this about?

The Court allowed a review petition filed by the Kerala State Road Transport Corporation (KSRTC) to modify a prior judgment that had set aside the termination of an ex-conductor. The court added a rider reserving the Corporation's right to initiate action under relevant service rules despite the reinstatement order.

What did the court decide?

Judgment dated 27.07.2021 modified to include rider reserving KSRTC's right to take action under Kerala Civil Services (Classification Control and Appeal) Rules, 1960.

Kerala State Road Transport Corporation Vs… — Pension and Retirement Benefits | 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. 539 OF 2021

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AGAINST THE ORDER/JUDGMENT IN WP(C) 13254/2021 OF HIGH COURT

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OF KERALA, ERNAKULAM

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REVIEW PETITIONERS/RESPONDENTS 1 TO 3:

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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, NEDUMANGAD-695 541

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BY ADV DEEPU THANKAN

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RESPONDENT/PETITIONER:

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1 S.L.ARUN S/O. SASIDHARAN PILLA, RESIDING AT KKUZHIVILA PUTHENVEEDU, THANNIYAM, KALLARA P.O., THIRUVANANTHAPURAM – 695 608 (EX-CONDUCTOR, KSRTC, PALOD OPERATING CENTRE UNDER NEDUMANGAD DEPOT)

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BY ADV. SRI. ANANDA RAJAN N. 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. 539 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.13254/2021, 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 have action in terms of Kerala Civil Services (Classification Control and Appeal) Rules, 1960. It was also contended that even in Ext.P6 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 petitioner. The learned Counsel for the writ petitioner did not seriously oppose the application.

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RP NO. 539 OF 2021

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Having considered this, the judgment dated 27.07.2021 of this Court will stand modified with a rider that “the above judgment will not stand in the way of K.S.R.T.C. initiating appropriate action in term 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.

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Sd/-

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SUNIL THOMAS JUDGE

SKP/2-9

RP NO. 539 OF 2021

APPENDIX OF RP NO.539 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 v. S.L.Arun

Case brief

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Kerala State Road Transport Corporation v. S.L.Arun

Case brief

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