| SooperKanoon Citation | sooperkanoon.com/62495 |
| Court | Kerala High Court |
| Decided On | Jul-29-2015 |
| Judge | Honourable Mr.Justice v.Chitambaresh |
| Appellant | Subash K V |
| Respondent | State of Kerala |
Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context}//highest occurence of word in the judgementecho $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court'include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh wednesday, the29h day of july20157th sravana, 1937 wp(c).no. 23511 of 2014 (l) ---------------------------- petitioner(s): ----------------- 1. subash k.v, aged37years s/o.k.v.viswanathan (conductor, ksrtc, perumbavoor) residing at kallarayil house, valayanchirangara p.o., 683 556 perumbavoor, ernakulam district.2. babu p.r., aged45years, s/o.p.k.rajan (conductor, ksrtc, perumbavoor) residing at pottackal parambu, kanjurakkad rayonpuram p.o. 683 543 perumbavoor, ernakulam district.3. joby joseph, aged39years, s/o.joseph u.d., (conductor, ksrtc, ernakulam) residing at uzhunnumkattil house, manjummel p.o. 683 501 ernakulam district.4. sijo mathai, aged35years, s/o.m.k.mathai (conductor, ksrtc,.....Code Context}//highest occurence of word in the judgementecho $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court'include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
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State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 0include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 1include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 2include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 3include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 4include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 5include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 6include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. :
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 7include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 8include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 9include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 10include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 11include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 12include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 13include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 14include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 15include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 16include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]ORDERCode Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 17include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]JUDGMENTCode Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 18include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]ORDERCode Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 19include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]JUDGMENTCode Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 20include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 21include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 22include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
JUDGMENT
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 23include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 24include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 25include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => null, 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'subash-k-v-vs-state-kerala', 'args' => array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) ) $title_for_layout = 'Subash K V Vs State of Kerala - Citation 62495 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '62495', 'acts' => null, 'appealno' => null, 'appellant' => 'Subash K V', 'authreffered' => null, 'casename' => 'Subash K V Vs. State of Kerala', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2015-07-29', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'Honourable Mr.Justice v.Chitambaresh', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.</p><p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.</p><p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.</p><p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :</p><p>2. :</p><p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.</p><p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.</p><p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.</p><p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.</p><p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.</p><p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.</p><p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.</p><p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :</p><p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.</p><p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT </p>ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE </p>JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE </p>ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE </p>JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.</p><p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 </p><p>JUDGMENT</p><p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.</p><p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.</p><p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.</p><p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'State of Kerala', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'subash-k-v-vs-state-kerala' $args = array( (int) 0 => '62495', (int) 1 => 'subash-k-v-vs-state-kerala' ) $url = 'https://sooperkanoon.com/case/amp/62495/subash-k-v-vs-state-kerala' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE29H DAY OF JULY20157TH SRAVANA, 1937 WP(C).No. 23511 of 2014 (L) ---------------------------- PETITIONER(S): ----------------- 1. SUBASH K.V, AGED37YEARS S/O.K.V.VISWANATHAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE, VALAYANCHIRANGARA P.O., 683 556 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 1 => '<p>2. BABU P.R., AGED45YEARS, S/O.P.K.RAJAN (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU, KANJURAKKAD RAYONPURAM P.O. 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 2 => '<p>3. JOBY JOSEPH, AGED39YEARS, S/O.JOSEPH U.D., (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT UZHUNNUMKATTIL HOUSE, MANJUMMEL P.O. 683 501 ERNAKULAM DISTRICT.', (int) 3 => '<p>4. SIJO MATHAI, AGED35YEARS, S/O.M.K.MATHAI (CONDUCTOR, KSRTC, PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR - 683 548 ERNAKULAM DISTRICT.', (int) 4 => '<p>5. BINOY.P.B., AGED39YEARS, S/O.N.D.BABY (CONDUCTOR, KSRTC, VAIKOM) RESIDING AT NAMBUKATTIL HOUSE, KONATTU ROAD N.GATE, VAIKOM - 686 141. KOTTAYAM DISTRICT.', (int) 5 => '<p>6. ANOOB O.P., S/O.S.A.PARAMESWARAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682 012, COCHI. WP(C) No.23511/2014 :', (int) 6 => '<p>2. :', (int) 7 => '<p>7. SHIBU.K.G., AGED37YEARS, S/O.K.R.GOPALAN (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE, 23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM DISTRICT.', (int) 8 => '<p>8. MUHAMMED HUSSAI M.K., S/O.MUHAMMED KOYA M.A. (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM, KARUVELIPADY P.O., 682 005, KOCHI, ERNAKULAM DISTRICT.', (int) 9 => '<p>9. VINAYAN K.G., AGED38YEARS, S/O.K.R.GOPALAKRISHNAN (CONDUCTOR, KSRTC, PIRAVOM) RESIDING AT KALANGATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERRY - 682 311 ERNAKULAM DISTRICT.', (int) 10 => '<p>10. REJI.T.K., AGED42YEARS S/O.T.V.KURIAKOSE, (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE KODANAD P.O., 683 544 PERUMBAVOOR, ERNAKULAM DISTRICT.', (int) 11 => '<p>11. DILEEP KUMAR M.P., AGED36YEARS, S/O.PRABHAKARAN PILLAI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MULLAY PARAMBIL HOUSE, AROOR P.O., 688 534 ALAPPUZHA DISTRICT.', (int) 12 => '<p>12. SIDHEEQ M.M. AGED38 S/O.M.P.MOOSA (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA, KAKKANAD P.O. 682 030 ERNAKULAM DISTRICT.', (int) 13 => '<p>13. E.N.GOVINDAN NAMBOOTHIRI, AGED43YEARS, S/O.NARAYANAN NAMBOOTHIRI (CONDUCTOR, KSRTC, ERNAKULAM) RESIDING AT INCHOOR ILLAM THRIKKARIYOOR P.O. 686 692 KOTHAMANGALAM, ERNAKULAM DISTRICT.', (int) 14 => '<p>14. V.M.YOOSAF, AGED45YEARS S/O.V.M.MEERAN (CONDUCTOR, KSRTC, KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE NELLIMATTAM P.O., KOTHAMANGALAM ERNAKULAM DISTRICT. WP(C) No.23511/2014 :3 :', (int) 15 => '<p>15. GOPAKUMAR.K.H., AGED36YEARS, S/O.HARIHARAN NAIR.N., (CONDUCTOR, KSRTC, PERUMBAVOOR) RESIDING AT HARINILAYAM HOUSE, RAYONPURAM P.O., 683 543 PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT (A) DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.', (int) 16 => '<p>2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC R BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2907-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.23511 of 2014 PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM ISSUED TO THE FIRST PETITIONER DATED92.2004 EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ', (int) 17 => 'ORDER<p> ISSUED TO THE FIRST PETITIONER DATED304.2009 EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT DATED217.2005 FILED IN W.P. (C) NO.28368/2004 EXHIBIT P4 : TRUE COPY OF THE ', (int) 18 => 'JUDGMENT<p> DATED246.2008 IN W.A.NO.1631/2007 EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM DATED61.2006 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ', (int) 19 => 'ORDER<p> OF THE FIRST RESPONDENT DATED281.2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE FIRST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED2511.2013 PREFERRED TO THE SECOND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE ', (int) 20 => 'JUDGMENT<p> DATED2012.2013 IN W.P.(C) NO.31854/2013 EXHIBIT P10 : TRUE COPY OF THE MEMORANDUM DATED224.2014 BEARING NO.PL16/25055/14. EXHIBIT P11 : TRUE COPY OF THE SERVICE BOOK DETAILS OF ELDHOSE K. JOSEPH OBTAINED UNDER RIGHT TO INFORMATION ACT. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.', (int) 21 => '<p>--------------------- W.P (C) No.23511 of 2014 --------------------- Dated this the 29th day of July, 2015 ', (int) 22 => '<p>JUDGMENT', (int) 23 => '<p> The delayed appointment of the petitioners in service notwithstanding the existence of vacancies was the subject matter of WA.No.1631 of 2007 and connected cases by this Court. Ext.P4 judgment dated 24.6.2008 rendered therein inter alia observed as follows:- "Considering the number of empanelled conductors, employment exchange conductors and conductors appointed through open source etc. as existed on 31.12.2004 and considering the vacancies, we are of the opinion that at least 2212 vacancies should have been appointed from the list as those vacancies arose before the expiry of rank list on 31.12.2004. Even though more than 5,000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 W.P(C) No.23511 of 2014 2 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges." It was pursuant thereto were the petitioners appointed in the Kerala State Road Transport Corporation by Ext.P2 and similar orders.', (int) 24 => '<p>2. It was not pursuant to GO (MS) No.77/2011/Tran. dated 22.12.2011 were the petitioners appointed and the same apply to another set of candidates. The contention of the petitioners is that their services ought to be regularised from 31.12.2004 itself and consequential benefits disbursed. Reliance is placed on Exts.P5 an P6 orders issued by the respondents permitting regularisation from a date anterior to the date of regular appointment. This precise question was directed to be considered in W.P(C) No.23511 of 2014 3 Ext.P9 judgment in W.P.(C) No.31854/2013 filed by the petitioners herein.', (int) 25 => '<p>3. Ext.P10 memorandum negativing the claim of the petitioners for regularisation from 31.12.2004 is impugned in this writ petition. Ext.P10 order proceeds as if the petitioners were appointed as per GO (MS) No.77/2011/Tran. dated 22.12.2011 which is not so. Appointees pursuant to the Government order afore- quoted would of course be bound by the terms contained therein. But the petitioners were appointed pursuant to Ext.P4 judgment and they have made out an arguable case in the light of Exts.P5 and P6 orders. The petitioners also rely on the judgment in Secretary, State of Karnataka and others v. Umadevi and others [(2006) 4 SCC1 and State of M.P. and others v. Lalit Kumar Verma [(2007) 1 SCC575 in support of their contentions.', (int) 26 => '<p>4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.' ) $paragraphAfter = (int) 1 $cnt = (int) 27 $i = (int) 26include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
4. I quash Ext.P10 order and direct the second respondent to reconsider the claim of the petitioners for regularisation in service with effect W.P(C) No.23511 of 2014 4 from 31.12.2004 itself. Exts.P5 and P6 orders as well as the decision afore-stated shall be adverted to in the exercise. The needful shall be done with notice to the first petitioner within a period of two months from today. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge. nj.