IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 17626 of 2011(S) -------------------------- PETITIONER(S): --------------- P.D.JOSEPH,EDITOR ZEENER NEWS, TIRUR,TRICHUR DISTRICT,PIN-680581. BY ADV. SRI.P.D.JOSEPH (PARTY IN PERSON) RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY CHIEF SECRETARY,TRIVANDRUM-695001. 2. K.S.R.T.C, REPRESENTED BY MANAGING DIRECTOR,KSRTC,TRIVANDRUM-695001. 3. STATE OF KERALA,REPRESENTED BY THE DIRECTOR GENERAL OF POLICE,TRIVANDRUM-695001. 4. STATE OF KERALA,REPRESENTED BY TRANSPORT COMMISSIONER,THIRUVANANTHAPURAM-695001. ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R2 MR.M.R.SABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.17626/2011 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ACCIDENT CASES REPORTED IN THE CRIMINAL INTELLIGENCE GAZETTE. P2 : COPY OF MEMORANDUM SENT TO MANAGING DIRECTOR DATED 25/05/2011. P3 : COPY OF REPRESENTATION TO THE CHIEF SECRETARY DATED 25/05/2011. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... WP(C) No.17626 of 2011 .................................................................... Dated this the 22nd day of August, 2011. J U D G M E N T Ramachandran Nair, J. This is a Public Interest Litigation filed for a direction to the KSRTC to consider appointment of Drivers cum Conductors in long distance buses so that in the event of necessity, the conductor takes over the driver's job and the driver goes to the position of the conductor. The petitioner has cited example of the vehicles/buses operating from various places in Kerala to Bangalore and return. 2. Learned Standing Counsel appearing for the KSRTC submitted that the work schedule is given keeping in mind the requirement of rest and sleep for crew for sufficient time in between commencement of two journeys. According to him, at present the system is working well with the schedules provided to the drivers. 3. After hearing both sides, we find some force in the WP(C) No.17626/2011 2 contention of the petitioner that if conductor is a qualified driver, he can relieve the driver for some time in long distance vehicles. Certainly the driver, who has fatigue or tired can hand over driving to the conductor and relax in the conductor's work. Driving on Kerala Roads continues to be a strenuous job particularly because of the potholes, and therefore, 8 hours' non-stop driving without rest may be tough for the driver. We therefore, feel it is a worthwhile suggestion made by the petitioner to have conductors appointed with driving qualification and experience, so that the conductors appointed can drive buses in the event of necessity. In fact common recruitment can be made wherein the combination of qualifications may solve the problems. This Writ Petition is therefore disposed of directing the 2nd respondent to consider deployment of conductors who are qualified to work as drivers in long distance routes which will certainly ensure safety of passengers and maintenance of time schedule for vehicle operation. In fact, at present, routes are WP(C) No.17626/2011 3 fixed keeping in mind the work schedule of the drivers and conductors, and if crew are inter-changed certainly route operation can be modified for longer distance operation with the same crew. The KSRTC is directed to take into account the petitioner's suggestion and make necessary arrangements for ensuring efficiency of the operation and security of passengers and crew. This Writ Petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg