IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 33013 of 2005(E) -------------------------- PETITIONERS: ------------ 1. S. VISWAMBHARAN, C.L.R. WORKER, K.S.R.T.C. NEDUMANGAD DEPOT., THIRUVANANTHAPURAM. 2. T. SAJI THOMAS, C.L.R. WORKER, K.S.R.T.C. CENTRAL DEPOT, THAMPANUR, THIRUVANANTHAPURAM. 3. K. MOHANAN, C.L.R. WORKER, K.S.R.T.C. DEPOT, NEYYATTINKARA, THIRUVANANTHAPURAM. 4. S. JAYACHANDRAN NAIR, C.L.R. WORKER, K.S.R.T.C. DEPOT, NEYYATTINKARA, THIRUVANANTHAPURAM. 5. S. SURESAN, C.L.R. WORKER, K.S.R.T.C. DEPOT, NEYYATTINKARA, THIRUVANANTHAPURAM. 6. B. PRASANNAKUMARAN NAIR, C.L.R. WORKER, K.S.R.T.C. DEPOT, KATTAKADA, THIRUVANANTHAPURAM. 7. P. ATHINAS, C.L.R. WORKER, K.S.R.T.C. DEPOT, KATTAKADA, THIRUVANANTHAPURAM. 8. J. KUMARADAS, C.L.R. WORKER, K.S.R.T.C. DEPOT, KATTAKADA, THIRUVANANTHAPURAM. 9. N. DAVID, C.L.R. WORKER, K.S.R.T.C. DEPOT, KATTAKADA, THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON WPC 33013/2005 RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, TRANSPORT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT,THIRUVANANTHAPURAM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 33013/2005 APPENDIX PETITIONERS' EXTS. EXT.P1 - THE PHOTOSTAT COPY OF THE DUTY PASS NO.AA 04304 C.L.R. WORKER DATED NIL ISSUED BY THE KERALA STATE ROAD TRANSPORT CORPORATION, NEDUMANGAD TO THE 1ST PETITIONER. EXT.P1(a) – THE PHTOSTAT COPY OF THE DUTY PASS NO.AA 00003 C.L.R. WORKER DATED 15.7.2005 ISSUED BY THE KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM CENTRAL TO THE SECOND PETITIONER. EXT.P1(b) – THE PHOTOSTAT COPY OF THE DUTY PASS NO.14692 C.L.R. WORKER DATED 23.6.2004 ISSUED BY THE KERALA STATE ROAD TRANSPORT CORPORATION, NEYYATTINKARA TO THE THIRD PETITIONER. EXT.P1(c) – THE PHOTOSTAT COPY OF THE DUTY PASS NO. AA 05526 C.L.R. WORKER DATED 3.9.2005 ISSUED BY THE KERALA STATE ROAD TRANSPORT CORPORATION, NEYYATTINKARA, TO THE 4TH PETITIONER. EXT.P1(d) - THE PHTOSTAT COPY OF THE DUTY PASS NO.AA 05511 C.L.R. WORKER DATED NIL ISSUED BY THE KERALA STATE ROAD TRANSPORT CORPORTION, NEYYATTINKARA, TO THE 5TH PETITIONER. EXT.P1(e) – THE PHOTOSTAT COPY OF THE DUTY PASS NO. 16591 C.L.R. WORKER DATED 21.8.2004 ISSUED BY THE KERALA STATE ROAD TRANSPORT CORPORATION, KATTAKADA, TO THE 6TH PETITIONER. EXT.P2 - THE PHOTOSTAT COPY OF THE ORDER NO.PLD1-041026/2001 DATTED 12.12.2001 ISSUED BY THE MANAGING DIRECTOR, K.S.R.T.C., TRIVANDRUM. EXT.P3 - THE PHOTOSTAT COPY OF THE JUDGMENT DATED 6.2.2004 IN O.P.NO.3925/2003(P) PASSED BY THE HON'BLE HIGH COURT OF KERALA AT EKM. EXT.P4 - THE PHOTOSTAT COPY OF THE REPRESENTATION DATED 15.3.2004 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT. EXT.P5 THE PHOTOSTAT COPY OF THE JUDGMENT DATED 31.3.1998 IN O.P.NO.6419/1998 PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P6 - THE PHOTOSTAT COPY OF THE JUDGMENT DATED 5.11.2002 IN O.P.NO.30511/2002 G PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P7 - THE PHOTOSTAT COPY OF THE JUDGMENT DATED 25.3.2003 IN O.P. NO.7274/2003N PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P8 - THE PHOTOSTAT COPY OF THE NOTICE NO.6766/A3/2003/TRAN. DATED 14.7.2003 N ISSUED BY THE GOVERNMENT TO THE PETITIONERS 3, 4 AND 5. EXT.P9 - THE PHOTOSTAT COPY OF THE ORDER G.O.(RT) NO.361/2003/TRAN DATED 23.8.2003 ISSUED BY THE GOVERNMENT. EXT.P10 - THE PHOTOSTAT COPY OF THE PAYMENT VOUCHER DATED 16.11.2005 ISSUED BY THE DEPOT ENGINEER, K.S.R.T.C. TO THE SECOND PETITIONER. WPC 33013/2005 EXT.P11 - THE PHOTOSTAT COPY OF THE CERTIFICATE OF EXPERIENCE NO.E4- 701/2003/C.L. DATED 29.1.2003 ISSUED TO THE SECOND PETITIONER BY THE DISTRICT TRANSPORT OFFICER, THIRUVANANTHAPURAM CENTRAL. EXT.P12 - THE PHOTOSTAT COPY OF THE PAYMENT VOUCHER DATED 14.11.2005 ISSUED TO THE 4TH PETITIONER FROM THE NEYYATTINKARA DEPOT OF THE K.S.R.T.C. FOR THE MONTH OF NOVEMBER, 2005. EXT.P13 - THE PHOTOSTAT COPY OF THE PER-FORMA ISSUED TO THE 4TH PETITIONER BY THE UNIT OFFICER OF THE NEYYATTINKARA DEPOT SHOWING THAT THE 4TH PETITIONER HAS BDEEN WORKING IN THE SAID DEPOT SINCE 1983. EXT.P14 - THE PHOTOSTAT COPY OF THE JUDGMENT DATED 27.7.2001 IN O.P. NO.22213/2001T PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P15 - THE PHOTOSTAT COPY OF THE PAYMENT VOUCHER DATED 14.11.2005 CLR WORKER ISSUED BY THE SUPERINTENDENT, K.S.R.T.C. TO THE 6TH PETITIONER. EXT.P16 - THE PHOTOSTAT COPY OF THE PAYMENT VOUCHER DATED 15.11.2005 C.L.R. WORKER ISSUED BY THE SUPERINTENDENT, K.S.R.T.C TO THE 7TH PETITIONER. EXT.P17 - THE PHOTOSTAT COPY OF THE PAYMENT VOUCHER DATED 16.11.2005 C.L.R.WORKER ISSUED BY THE SUPERINTENDENT, K.S.R.T.C TO THE 8TH PETITIONER. EXT.P18 - THE PHOTOSTAT COPY OF THE PAYMENT VOUCHER DATED 15.11.20025 C.L.R. WORKER ISSUED BY THE SUPERINTENDENT, K.S.R.T.C. TO THE 9TH PETITIONER. EXT.P19 - THE PHOTOSTAT COPY OF THE MEMORANDUM NO.PLD1/041026/01 DATED 30.5.2005 ISSUED BY THE CHAIRMAN & MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. EXT.19(a) – THE PHOTOSTAT COPY OF THE PER-FORMA ANNEXED TO EXHIBIT P19 DATED 30.4.20025. EXT.P20 - THE PHOTOSTAT COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.5/2001/TRAN. DATED 15.2.2001 ISSUED BY THE GOVERNMENT. /TRUE COPY/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 33013 OF 2005-E ----------------------------------------- JUDGMENT The petitioners are casual workers attached to different depots of the K.S.R.T.C. The 2nd petitioner claims, he is attached to the Central Depot, Thampanoor, Thiruvananthapuram. Similarly placed casual workers attached to the Regional Workshops and Central Depot were regularised by the Government by Ext.P20 order. Eversince the said order, the petitioners were representing before the authorities and repeatedly approaching this Court. Finally, their claim was considered pursuant to the direction of this Court and rejected by the Government by Ext.P9 order dated 23.8.2003. Later, in 2005, the K.S.R.T.C again started taking steps to regularise persons similarly placed like the petitioners. As evident from Ext.P19 and P19(a), the details of the casual workers who have more than 22 years' service in Depots, Sub Depots and Operating Centres were called for. In the above background, challenging Ext.P9 and also seeking regularisation in service, this writ petition was filed. The petitioners submit that they have been discriminated against by the K.S.R.T.C and the Government. Persons similarly placed have already been absorbed and therefore, they should also Wpc 33013/2005 2 be absorbed in the K.S.R.T.C., it is submitted. 2. The 2nd respondent K.S.R.T.C has filed a counter affidavit, in which it is denied that it has taken any decision to absorb casual workers. In the affidavit it is also stated that if the K.S.R.T.C takes a decision to absorb the local coolies, who are the casual labourers like the petitioners, then the claim of the petitioners will also be considered strictly in accordance with the norms governing such absorption. The relevant portion of the affidavit reads as follows: “5. It is submitted that in other units, several persons are engaged as coolies locally for attending petty miscellaneous works. At various units of K.S.R.T.C such local coolies are being engaged. They are posted without observing any norms for recruitment and without any intention of absorbing them in future. Hence the claim of the petitioners for regularising them is totally baseless. Moreover, the K.S.R.T.C has not taken a decision to absorb such local coolies in the regular establishment of K.S.R.T.C as garage mazdoor so far. If the petitioners are absorbed as Garage Mazdoors, a precedence will arise in future and several others also will put-forth similar claims and the Corporation will be forced to accept the same and it will be an additional financial burden to the Corporation, which is already facing financial stringency. It is submitted that in the aforementioned circumstances the request of the petitioners to absorb them as Garage Mazdoor in the Corporation cannot be considered at present. It is further submitted that if at all the Corporation takes a decision of absorbing such local coolies in future, the same would be strictly based on some specified norms and if the petitioners satisfy the stipulated criteria norms. They would also be considered for absorption along with all other eligible hands.” Wpc 33013/2005 3 3. The employment under the K.S.R.T.C is public employment. So, persons can be appointed to the Corporation only by following some procedure known to law. It should be through either P.S.C or employment exchange. Any other form of engaging workers or their absorption thereafter, is illegal and violative of the fundamental rights of the unemployed people under Articles 14 and 16 of the Constitution of India. Therefore, the claim of the petitioners for regularisation is unsupportable in law. That some persons have been regularised illegally, cannot be the foundation for the claim of the petitioners. This Court cannot ask the K.S.R.T.C to repeat an illegality. Therefore, no direction as sought for can be issued by this Court. I find nothing illegal with the stand taken in Ext.P9 also. But, it is clarified that this judgment will not stand in the way of the K.S.R.T.C., if it takes any steps in the matter of regularisation of casual workers, who have very long spells of service, based on valid grounds and norms. Subject to that observation, this writ petition is dismissed. 18th January, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/