IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 11904 of 2011(K) --------------------------------------- PETITIONER(S): ------------------------ V.N.KUMARJI, S/O.NARAYANAN, THARATH VELI, THUMPOLY, ALAPPUZHA- 688 008, (ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.3.2011 ALUVA). BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): -------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-692 523. 2. THE EXECUTIVE DIRECTOR (VIGILANCE), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 3. THE EXECUTIVE DIRECTOR (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALAPPUZHA-688001 ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11904 of 2011(K) APPENDIX EXHIBIT.P1-TRUE COPY OF THE JUDGMENT DATED 3.10.2005 IN O.P.NO.34989 OF 2001 (M) OF THIS HONOURABLE COURT. EXHIBIT.P2-TRUE COPY OF THE ADVOCATE NOTICE DATED 30.11.2010 TO THE RESPONDENT CORPORATION. //TRUE COPY// P.A. TO JUDGE HARUN-UL-RASHID, J. ------------------------ W.P.(C).No. 11904 Of 2011 ---------------------- Dated this the 16th day of August, 2011. JUDGMENT This writ petition is filed for a direction to the respondents to refix the salary of the petitioner in compliance to Ext.P1 judgment and to quash the order imposing punishment of increment bar for one year and treating the period of suspension on duty for all purposes. The petitioner retired from the service of the first respondent Corporation on 31.3.2011. He was placed under suspension as per Ext.P1 dated 17.12.1999. Subsequently, the Executive Director (Vigilance) disagreeing with the report of the District Transport Officer imposing punishment of increment bar for one year and to treat the period of suspension as leave eligible revoked the suspension order. 2. In the above said facts and circumstances, this W.P.(C).No. 11904 Of 2011 2 Court is of the view that the petitioners grievance shall have to redress without any further delay. Ext.P2 is the Advocate notice dated 30.1.2010 send on behalf of the petitioner. The petitioner requested the Managing Director of the first respondent Corporation to pass appropriate orders for sanctioning and disbursing consequential benefits, as directed by this Court in Ext.P1 judgment within a period of 15 days from the date of receipt of the notice. It is submitted that no action has been taken by the Corporation though this Court by judgment dated 3.10.2005 in O.P.34989 of 2001 granted the reliefs and directed the Corporation to pass consequential orders and disburse the consequential benefits within a period of two months from the date of production of the copy of the judgment. In these circumstances, this Court direct the first respondent Corporation to consider and pass appropriate W.P.(C).No. 11904 Of 2011 3 orders on Ext.P2 within a period of one month from today, after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID, Judge. mns/-