IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 27262 of 2010(G) ------------------------------------- PETITIONER(S): ------------------------ K.V.PAUL,S/O.K.G.VARGHESE,AGED 51 YEARS, WORKING AS CONDUCTOR, KSRTC CHALAKKUDY AND RESIDING AT KALLINGAL HOUSE, WEST CHALAKKUDY, NEAR IRMLP SCHOOL,CHALAKUDY. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): -------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT, THIRUVANANTHAPURAM,REP.BY ITS MANAGING DIRECTOR. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER,KSRTC TRANSPORT BHAVAN,FORT, THIRUVANANTHAPURAM. 3. THE DISTRICT TRANSPORT OFFICER, KSRTC, CHALAKUDY. ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27262 of 2010(G) 2 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF DISCHARGE CERTIFICATE DTD 22.8.1998 EXP2: TRUE COPY OF DISABILITY CERTIFICATE DTD 10.10.2001 EXT.P3: TRUE COPY OF DISCHARGE SUMMARY CERTIFICATE. EXT.P4: TRUE COPY OF TREATMENT SHEET DTD 8.12.2005. EXT.P5: TRUE COPY OF DISCHARGE SUMMARY CERTIFICATE. EXT.P6: TRUE COPY OF MEDICAL CERTIFICATE DTD.24.2.2009 ISSUED BY DR.K.BALAGOPAL, ASSISTANT PROFESSOR AND ORTHOPEDIC SURGEON, MEDICAL COLLEGE, THRISSUR. EXT.P7: TRUE COPY OF MEMO NO.E1-873/09/CLDY DTD. 6.5.2009 EXT.P8: TRUE COPY OF MRI CERVICAL SPINE SCAN CERTIFICATE ISSUED BY DR. ABRAHAM SEBASTIAN, JUBILLEE MEDI SCAN CENTRE, THRISSUR. EXT.P9: TRUE COPY OF CERTIFICATE DTD. 20.7.2010. EXT.P10: TRUE COPY OF REPRESENTATION DATED 24.7.2010 SUBMITTED BY PETITIONER. EXT.P11: TRUE COPY OF REPRESENTATION DATED 16.8.2010 SUBMITTED BY PETITIONER. EXT.P12: TRUE COPY OF MEDICAL CERTIFICTE DTD 20.7.2010 EXT.P13: TRUE COPY OF MEMORANDUM NO.PL.11/030648/10 DTD. 19.10.2010. WP(C).No. 27262 of 2010(G) 3 EXT.P14: TRUE COPY OF MEMORANDUM NO.PL-11/030648/10 DTD.25.10.2010 EXT.P15: TRUE COPY OF LETTER DTD.28.10.2010 EXT.P16: TRUE COPY OF MEMORANDUM NO.PL-11/30648/10 DTD.8.11.2010. EXT.P17: TRUE COPY OF ORDER DATED 4.10.2010 IN W.P.(C). NO.27262/2010. EXT.P18: TRUE COPY OF ORDER NO.P.L.11/30648/10 RESPONDENT'S EXHIBITS:-NIL //TRUE COPY// P.A TO JUDGE HARUN-UL-RASHID, J. ------------------------------- W.P.(C).No.27262 Of 2010 -------------------------------- Dated this the 24th day of August, 2011. JUDGMENT The Writ petition is filed for the following reliefs: “i. call for the records denying and delaying the retirement of the petitioner on medical grounds as evidenced in Exts.P10 and P11 representations; i(a) declare that Exhibits-P16 and P18 are unsustainable in the eyes of law; ii)declare that the petitioner is entitled to get retired from service on medical ground as showed in Exhibits-P9, P10, P11 and P12 and to all consequential benefits; ii(b) issue a writ of certiorari or appropriate writ or order quashing the Exhibits-P16 and P18; iii)declare that 1st respondent is bound to issue necessary orders on Exhibits-P10 and P11 representations submitted along with Exhibits-P9 and P12 Medical certificates within a reasonable time and communicate the order to the petitioner; iv)issue a writ of mandamus or appropriate W.P.(C).No.27262 Of 2010 2 writ or order or direction to issue necessary orders on Exhibits-P10 and P11 representations within a reasonable time by the first respondent and communicate the order to the petitioner and to other authorities for compliance of the same;” When the matter was taken up for consideration today the learned counsel for the petitioner submits that he intent to prefer a representation before the first respondent and request this Court to issue appropriate direction to consider and pass appropriate orders on the representation. In the light of the said submission, it is ordered that in the event of the petitioner submitting a representation within 10 days from today before the first respondent, the first respondent shall consider and pass appropriate orders on the representation within a period of one month thereafter. All the questions raised in the writ petition and all the reliefs sought for other than the consideration of W.P.(C).No.27262 Of 2010 3 representation are left open. HARUN-UL-RASHID, Judge. mns/-