IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 27492 of 2011(J) ------------------------------------- PETITIONER(S): ------------------------ SREEDHARAN, MAZDOOR GR.II, KERALA STATE ROAD TRANSPORT CORPORATION, SULTHAN BATHERY DEPOT., WAYANAD (AGED 55, S/O. UNNIAPPAN, ATTIERIKULANGARA, PARAMBATHUKAVU, KODUVALLY, KOZHIKODE). BY ADVS. SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SMT.M.A.RUXANA RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRSENTED BY SECRETARY, TRANSPORT (A) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001. 2. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR, 695 001. 3. DISTRICT TRANSPORT OFFICER, SULTHAN BATHERY, WAYANAD - 673 592. R1 BY GOVERNMENT PLEADER R2 & R3 BY ADV. SRI. BABU JOSEPH KURUVATHAZHA, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.27492/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE SERVICE CERTIFICATE DATED 12.10.84 ISSUED BY 3RD RESPONDENT. EXT.P2 : PHOTOCOPY OF THE RECOMMENDATION LETTER DATED 19.12.95 BEARING NO.E3.9526/85/SBY ISSUED BY 3RD RESPONDENT. EXT.P3 : PHOTOCOPY OF THE REPRESENTATION TO THE PETITIONER TO THE TRANSPORT MINISTER DATED 21.7.05. EXT.P4 : PHOTOCOPY OF THE ORDER NO.LR8/026692/07 DATED 22.10.07 OF THE RESPONDENT. EXT.P5 : PHOTOCOPY OF THE REPRESENTATION OF THE PETITIONER TO THE 2ND RESPONDENT DATED 30.11.07. EXT.P6 : PHOTOCOPY OF THE SALARY BILL FOR OCTOBER, 1985. EXT.P6(A): PHOTOCOPY OF THE PAY BILL FOR SEPTEMBER, 2011. EXT.P7 : PHOTOCOPY OF THE DUTY PASS. EXT.P8 : PHOTOCOPY OF THE PRIVILEGE PASS. EXT.P9 : PHOTOCOPY OF THE MEMORANDUM BEARING NO.PL3-02 5058/08 DATED 29.12.08 ISSUED BY 2ND RESPONDENT. EXT.P10 : PHOTOCOPY OF THE G.O.(MS)NO.42/11/TRANSPORT DATED 28.7.11 WITH ANN-A ISSUED BY 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 27492 OF 2011 ------------------------------- DATED THIS THE 15TH DAY OF DECEMBER, 2011 JUDGMENT Writ Petition is filed for a declaration that the petitioner is entitled to be regularised in service the day on which he completed 10 years from entry in service with all consequential benefits including pension and gratuity and for a direction commanding the respondents to regularise the petitioner from June, 1993 onwards as Garage Mazdoor with all consequential benefits. 2. The petitioner submits that despite the fact that he is in the service of the 2nd respondent for more than 28 years first as Sweeper-cum-Scavenger from June, 1983, then without break as Garage Mazdoor from 13/10/1985 onwards continuously on daily wages and due to retire on 31/3/2012, he is denied the benefit of regularisation and other service benefits. . Ext.P1 is the copy of the service certificate dated 12/10/84 issued by the 3rd respondent. Ext .P3 and P5 are representations dated 21/7/2005 and 30/11/2007. Ext.P2 is -2- W.P.(C).No.27492/2011 a copy of the communication from the 3rd respondent to the Managing Director, KSRTC on 19/12/1995 forwarding the request of the petitioner for regularising his appointment as Garage Mazdoor with details. 3. Petitioner also submits that consequent to the repeated requests for regularisation, the 2nd respondent called for details of casual labourers in the rolls as on 1/9/08, who were engaged continuously for the work of loading and unloading, washing buses, cleaning office, garage workshop premises etc. for 15 to 25 years. Copy of the memorandum of 2nd respondent dated 29/12/08 is produced as Ext.P9. Petitioner submits that the 3rd respondent had furnished his name and details to the 2nd respondent along with others in response to Ext.P9. The grievance of the petitioner is that by ignoring the dictum laid down by the Apex Court in Uma Devi's case reported in (2006 (4) SCC 1) the lst respondent excluding the petitioner regularised those who have completed 25 years or more -3- W.P.(C).No.27492/2011 with effect from the date of regularisation of the order by denying all service benefits prior to regularisation. Copy of the regularisation order of 24 persons is produced and marked as Ext.P10. It is contended that excluding the petitioner as well as denying the prior continuous and uninterrupted service of more than 25 years as on the cut of date 1/9/2008 prior to regularisation is arbitrary and against the ends of justice. It is pointed out that it is evident from Ext.P1 service certificate the petitioner entered the service of the 2nd respondent as early as in 1998 as Sweeper-cum- Scavenger and without any break in service, he is continuing as Garage Mazdoor from 13/10/85 onwards, the cut of date 1/9/2008 stipulated under Ext.P9 for completing the period of 15 to 25 years, if at all, squarely applies to the petitioner as he is having 25 years and 3 months as on 1/9/08 and so he cannot be excluded from consideration. In the circumstances, this writ Petition is disposed of -4- W.P.(C).No.27492/2011 directing the 2nd respondent to consider and pass appropriate orders on the representation, in the event of the petitioner submits a representation within a period of three weeks from today. The 2nd respondent shall pass orders on the representation, after affording an opportunity of hearing to the petitioner, within a period of two months from the date of receipt of the representation. Sd/- HARUN-UL-RASHID, JUDGE. kcv.