IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20087 of 2011(I) -------------------------- PETITIONER: --------------- FELI JOSEPH, CONTROLLING INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, UNIT DEPOT, KOLLAM. BY ADV. MR.P.S.KRISHNA PILLAI RESPONDENTS: --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE EXECUTIVE DIRECTOR (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, OFFICE OF THE MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 3. THE EXECUTIVE DIRECTOR (OPERATIONS) KERALA STATE ROAD TRANSPORT CORPORATION, OFFICE OF THE MANAGING DIRECTOR, KSRTC, FORT, THIRUVANANTHAPURAM. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM. ADV.MR.V.V.NANDAGOPAL NAMBIAR, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20087 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: MEMO NO.PL.10/000382/11 DTD. 5.7.2011 ISSUED BY R2. EXT.P2: REPLY NO.GI.105/11/KOLLAM DTD. 13.7.2011 ISSUED BY PUBLIC INFORMATION OFFICER, KSRTC, KOLLAM ADDRESSED TO THE PETITIONER. EXT.P3: CIRCULAR NO.VO/181/2010 DTD. 18.5.2010 ISSUED BY R1. EXT.P4: RELEVANT EXTRACT (PAGES 1 TO 4) OF THE MANUAL ISSUED BY R1 DETAILING THE DUTIES AND RESPONSIBILITIES OF INSPECTORS UNDER ITS EMPLOYMENT. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.20087 Of 2011 ---------------------- Dated this the 27th day of July, 2011. J U D G M E N T The writ petition is filed seeking to quash Ext.P1 order of transfer and for a direction directing the respondents to permit the petitioner to continue to work in the Kollam unit. The petitioner is at present working as a Controlling Inspector in the Kollam depot. He is to retire from service on superannuation on 31.3.2012. 2. The learned counsel for the petitioner submits that two accusations stated in Ext.P1 order of transfer is without any basis and is not true facts. On the basis of Exts.P2 to P4, it is pointed out that the petitioner was posted as Controlling Inspector (General) (C.I (GL)) from 6.5.2011 to 21.5.2011 consequent to availing of leave by the then Controlling Inspector (General). Subsequently, from 22.5.2011 to 20.6.2011 the petitioner was posted to scheduled duty for traffic control. The Controlling Inspectors having scheduled duty as Traffic Controlling Inspectors are not required to submits service inspection reports. The ::2:: W.P.(C).No.20087 Of 2011 learned counsel for the petitioner pointed out paragraph 8 of the Circular No.VO/181/2010 dated 18.5.2010 which is produced as Ext.P3. The petitioner has also produced Ext.P4, relevant pages of the 'Manual for Inspectors' issued by the first respondent regarding the duties and responsibilities of Inspectors and their services for reference. On the basis of the contents of Exts.P2 to P4 the learned counsel pointed out that the allegations raised against the petitioner in Ext.P1 order are baseless and unsustainable in law. 3. The learned counsel for the petitioner submitted that representation dated 18.7.2011 is pending consideration before the first respondent. The petitioner has only eight more months for his retirement from service on superannuation. The learned counsel for the petitioner submits that the petitioner is residing with his family including his old and sick mother and mentally retarded son at Chavara. In the circumstances stated above in detail, this court is of the view that Ext.P1 order requires reconsideration. ::3:: W.P.(C).No.20087 Of 2011 4. Accordingly, a direction is issued to the first respondent to consider and pass appropriate orders on the representation submitted by the petitioner dated 18.7.2011, after affording an opportunity of being heard to the petitioner, within a period of one month from today. The operation of Ext.P1 order shall be kept in abeyance till the disposal of the representation as stated above. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-