IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 19954 of 2008(A) ------------------------------------ PETITIONERS: -------------------- 1. SHAJI JOHNT.S/O ULAHANNAN, AGED 38 YEARS, THEKKUMPURATH HOUSE, PAYYAMPALLY WAYANAD DISTRICT, PRESENTLY WORKING AS RESERVE DRIVER, KSRTC,MANANTHAVADY. 2. V.C. ABRAHAM, S/O CHACKO, AGED 43 YEARS, VARAPPATTIL HOUSE, KARIAMPADI P.O., MANIVAYAL, PRESENTLY WORKING AS RESERVE DRIVER, KSRTC,MANANTHAVADY. 3. P.K. MANMADHAN, S/O K.K. KUTTAPPAN, AGED 41 YEARS, PULLUMALAYIL HOUSE, CHELLAMGODE P.O., VADUVANCHAL, WAYANAD DISTRICT, PRESENTLY WORKING AS RESERVE DRIVER KSRTC, MANANTHAVADY 4. V.RAVI, S/O LAKSHMANAN, AGED 40 YEARS, VERALITHODIYIL EACHOME P.O. WAYANAD DISTRICT, PRESENTLY WORKING AS RESERVE DRIVER, KSRTC, MANANTHAVADY. 5. HARIDASAN C.K. S/O P.P KUTTIKRISHNA KURUP,KUZHIKANDATHIL HOUSE, NALLOORNAD P.O., MANANTHAWADY VIA,WAYANAD DISTRICT, PRESENTLY WORKING AS RESERVE DRIVER, KSRTC, MANANTHAVADY. 6. SHAJI P.V. S/O VARKEY, AGED 40 YEARS, PULICKAMALIL HOUSE, KUNNAMANGALAM, WAYANAD DISTRICT PRESENTLY WORKING AS RESERVE DRIVER KSRTC, MANANTHAVADY. 7. SANAL V.D. S/O DIVAKARAN, VALIYAPARAMBIL HOUSE, BAVALI P.O., PALVELICHAM, WAYANAD DISTRICT PRESENTLY WORKING AS RESERVE DRIVER, KSRTC, MANANTHAVADY. 8. JAYAN V.S, S/O SNAKARAN, AGED 40 YEARS, VADAKKEDATH HOUSE, VELLAMUNDA P.O., MANANTHAWADY VIA, WAYANAD VIA,WAYANAD DISTRICT, PRESENTLY WORKING AS RESERVE DRIVER, KSRTC, MANANTHAVADY. WP(C) NO.19954/2008-A 9. C.V. JOSE, S/O VARKY, AGED 41 YEARS, CHERUPLAVIL HOUSE, EDAVAKA P.O., KALLODI, WAYANAD DISTRICT PRESENTLY WORKING AS RESERVE DRIVER, KSRTC, MANANTHAVADY. 10. M.MANOJKUMAR, S/O KUMARAN, AGED 41 YEARS, MYLAKUNNATH HOUSE, PUDUSSERY P.O., MANANTHAWADY,WAYANAD DISTRICT, PRESENTLY WORKING AS RESERVE DRIVER, KSRTC, MANANTHAVADY 11. M.K. SANTHOSH, S/O KESAVAN, MUNDAPELLIL HOUSE, NAMBIYARKUNNAM P.O., CHEERAL VIA, WAYANAD DISTRICT, PRESENTLY WORKING AS RESERVE DRIVER, KSRTC, MANANTHAVADY. 12. SUNILKUMAR T. S/O VELAYUHAN, AGED 40 YEARS, PADMALAYM,VADUVANCHAL, THOMATTUCHAL P.O.,WAYANAD DISTRICT, PRESENTLY WORKING AS RESERVE DRIVER, KSRTC, MANANTHAVADY. BY ADV. SRI.M.P.KRISHNAN NAIR SRI.V.B.NARAYANAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, (TRANSPORT DEPARTMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ROAD TRASPORT CORPORATION, TRASPORT BHAVAN, THIRUVANANTHAPURAM. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVNANTHAPURAM. R1 & R2 BY GOVT.PLEADER SRI.V.MANU R3 BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC R4 BY ADV.SRI.ALEXANDER THOMAS, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.19954/2008-A APPEDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF RECEIPT DT.26-8-97 ISSUED TO 1ST PETITIONER. EXT.P2 COPY OF CERTIFICATE DT.13-1-05 ISSUED BY ASST.TRANSPORT OFFICER, MANANTHAVADY TO 1ST PETITIONER. EXT.P3 COPY OF JUDGMENT DT.24-1-05 IN WPC.2478/05. EXT.P4 COPY OF GO (MS) 91/01 DT. 5-3-2001 ISSUED BY GOVERNMENT. EXT.P5 COPY OF NOTIFICATION ISSUED BY PSC DT. 8-1-2005. EXT.P6 COPY OF ORDER NO.5492/A3/2005/TRNS.DATED 8-5-2006 ISSUED BY GOVT. EXT.P7 COPY OF REPRESENTATION DT.20-9-07 SUBMITTED BY PETITIONERS TO RESPONDENTS. EXT.P8 COPY OF JUDGMENT DT.9-10-07 INWPC.29420/07. EXT.P9 COPY OF MEMORANDUM NO.PL.14/039851/07 DT.28-1-2008 ISSUED BY R3. EXT.P10 COPY OF ORDER DT.9-4-2008 IN CCC NO.442/08. RESPONDENT'S EXHIBITS: EXT.R3(a) COPY OF JUDGMENT DT. 18-8-2006 IN WPC.19070/06 & 19994/06. //TRUE COPY// PA TO JUDGE dkr THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.19954 of 2008-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of June, 2009. JUDGMENT 1.The petitioners are temporary Drivers, in the sense, that on nomination by the Employment Exchange, they were/are being engaged on casual basis by the KSRTC as empanelled Drivers. According to them, with the long tenure that they have spent for the Corporation, their service needs to be regularised. Footed on contentions relatable to different constitutional provisions, it is argued that there is no reason why the benefit extended in 2001 to 699 employees as per Ext.P4, shall not be extended to the petitioners also. Voicing their demand, they made certain representations and moved this Court. Following that, it is stated that the Government directed the competent in the KSRTC to place the matter before the Board of the Corporation. The WP(C)19954/08 -: 2 :- petitioners seek relief on ground that the KSRTC is refusing to concede to the request of the petitioners. 2.In a similar matter, Ext.R3(a) judgment has been issued refusing to treat the direction of the Government to the KSRTC as a direction under Section 34 of the Road Transport Corporation Act. The different aspects and ramifications of issuing a direction as sought for by the empanelled drivers have been addressed by the learned Judge in Ext.R3(a). The overall financial situation of KSRTC, their continued but unsatisfied liability to the retired employees, including the fact that even for that purpose, there is a list maintained, and other attendant circumstances, have been noted in Ext.R3(a) judgment. It was also, pithily, noticed that the law as it now stands does not admit of directions for regularization of temporary hands. This is, pithily, because, regularization of temporary hands can always be done only at the cost of the open market WP(C)19954/08 -: 3 :- candidates awaiting for recruitment to public service. In short, the petitioners' case stands covered against them by Ext.R3(a) judgment. In spite of the arguments advanced by the learned counsel for the petitioners, I am not persuaded, in any manner, to take a different view. For the aforesaid reasons, this writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/020709