IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WA.No. 342 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.27781/2007 Dated 07/11/2007 .................... APPELLANTS: PETITIONERS 19,35,25 IN WP(C): ----------------------------------------- 1. PREMAKUMARI P., W/O. K.S. RAJMOHAN MENON, AGED 46 YEARS, PREVIOUSLY OFFICE ASSISTANT,KTDFC LTD.,RESIDING AT TC 6/440(2), SHEETHAL, MULAMOODU LANE, VATTIYOORKAVU, THIRUVANANTHAPURAM-13. 2. JAYALAKSHMI M., W/O. SURESH WILFRED, AGED 39 YEARS, PREVIOUSLY PEON, KTDFC LTD., RESIDING AT ARCADIA, HOUSE NO.642,DARSHAN NAGAR, PEROORKADA P.O., THIRUVANANTHAPURAM-5. 3. BINDU O.G., W/O. C.RAJAN, AGED 37 YEARS, PREVIOUSLY OFFICE ASSISTANT, KTDFC LTD., RESIDING AT CHARUVILA PUTHENVEEDU, MELANCODU, NEMOM P.O., THIRUVANANTHAPURAM-20. BY ADV. SRI.M.R.RAJENDRAN NAIR (SR.) SRI.SURAJ.S SRI.M.R.HARIRAJ RESPONDENTS: RESPONDENTS AND PTNRS.1TO18,20T024,26T034,36,44 IN --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT OF KERALA, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., REPRSENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 4. MANAGING DIRECTOR, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD.,TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 5. MANOJ S., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT MKUNDAIKKAL PUTHIYA VEEDU, PARAKKODE P.O.,ADOOR,PATHANAMTHITTA 6. SHINA ANTONY, FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT SANTIKAYIL, NEYYATTINKARA, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. 7. ABILAL G.O., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT CITY LUTHERAN CHURCH, PANAVILA JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM. 8. SREELETHA S., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT RUGMINI VILASOM, KOOVALASHERY P.O., NEYYATTINKARA. 9. BRILLA VARGHESE U., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT V.U.SADANAM, MULLUVILA, MULLUVILA P.O., NEYYATTINKARA. 10. BAIJU S.JOSEPH, FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT BEZLEL KALAYIL, OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM. 11. ANILA C., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT SAJINI, LOURDUPURAM, KANJIRAMKULAM P.O.,THIRUVANANTHAPURAM 12. CHITHRA S.S., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT SARAS, EZHAKODE, MALAYINKIL P.O., THIRUVANANTHAPURAM. 13. MADHURI M.NAIR R., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT MADHURI, H.NO.720, SANKAR NAGAR, NEERAMANKARA, KAIMANAM P.O., THIRUVANANTHAPURAM. 14. SUMALEKSHMI P.S., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT NANDHANAM, MYLODU, KOLLODU P.O., MALAYINKIL, THIRUVANANTHAPURAM. 15. RESHMI R.C., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT ANILA BHAVAN, S.N. PURAM, NETHAJIPURAM P.O., POTHENCODE, THIRUVANANTHAPURAM. 16. DEEPA S.S., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT NANDANAM,GNRA-89, ELLUIVILA, MANKUZHY, PANGAPARA P.O., THIRUVANANTHAPURAM. 17. DEEPA V., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT R.T. MANDIRAM, KUNNATHOOR WEST, KUNNATHOOR P.O., KOLLAM. 18. GEETHA GOVINDAN K.M., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT VISHNU VIHAR, TC.68/873, KUMALY LANE, PACHALLOOR P.O., THIRUVANANTHAPURAM. 19. DIJI PRESSA S.S., FORMERLY JUNIOR ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT SAROVARAM, NEAR ARIYOTTUKONAM TEMPLE, ANDOORKONAM P.O., THIRUVANANTHAPURAM. 20. B. KRISHNAKUMAR, FORMERLY OFFICE ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT DHANYA NIVAS, MANGAD, THIRUMALA P.O., THIRUVANANTHAPURAM. 21. SUBHASH BABU S., FORMERLY OFFICE ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT T.C.NO.64/477, VASANTHALAYAM, EDAGRAMOM, KARUMAM, THIRUVANANTHAPURAM-695 002. 22. SAJI V.Y., FORMERLY OFFICE ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT POOVAMCODE PUTHEN VEEDU, CHEMBOOR, OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM. 23. LALU C., FORMERLY OFFICE ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT SANGEETHA, CHAMBOOR, OTTASEKHARAMANGALAM, THIRUVANANTHAPURAM-695125. 24. GYANEESH N.N. PILLAI, FORMERLY OFFICE ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT PALAPPALLIL VEEDU CHENGAMANADU POST, KOTTARAKKARA-691 557. 25. DIDI THOMAS, FORMERLY OFFICE ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT T.N.BUNGALOW, MANNANKONAM P.O., THIRUVANANTHAPURAM. 26. BINOY VISWAM, FORMERLY OFFICE ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT VISHWAMANGALAM, TC.NO.43/209(2), THOTTAM, MANACAUD P.O., THIRUVANANTHAPURAM-695 009. 27. BINDU S., FORMERLY OFFICE ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT BINDU BHAVAN, PAKALOOR, PALLICHAI P.O., THIRUVANANTHAPURAM. 28. ALEX D., FORMERLY OFFICE ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT THULASI BHAVAN, KIZHAKKECHARUVILA, ARUVAKKODU, PAPPANAMCODE P.O., THIRUVANANTHAPURAM. 29. BAIJU RAJ R., FORMERLY OFFICE ASSISTANT, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT NELLIYODU VEEDU, THIRUVALLAM P.O., THIRUVANANTHAPURAM-695 027. 30. MOHAMMED NASIF A., FORMERLY PEON, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., KOZHIKODE, RESIDING AT KANCHIROLY THAZHEKUNIYIL KADAVE ROAD, ATHOLY(P.O), KOZHIKODE DISTRICT, PIN-673 315. 31. VINEESH BABU K., FORMERLY PEON, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., KOZHIKODE, RESIDING AT KANCHAKODU HOUSE, KANNAMMOOLA, KANNUR POST. 32. ARUN S., FORMERLY PEON, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT MEKKATHIL VEEDU, KANJIRAMKULAM P.O., THIRUVANANTHAPURAM. 33. RAJAN K., FORMERLY PEON, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT AKKARAVILA PUTHEN VEEDU, NEMOM P.O., THIRUVANANTHAPURAM. 34. SUDEEP KUMAR N., FORMERLY PEON, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., KOZHIKODE, RESIDING AT NEELIYATH HOUSE, NANMUNDA POST, KOZHIKODE-673613. 35. M. PADMAJAM, FORMERLY PEON, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT ERATHIKKARA VEEDU, KOTTUKAL P.O., THIRUVANANTHAPURAM. 36. MAJUSAM S.A., FORMERLY PEON, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT BINDU NIVAS, ARUMANOOR, POOVAR P.O., THIRUVANANTHAPURAM. 37. B. CHANDRAN, FORMERLY PEON, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT MOONLIGHT, VENGANOOR P.O., THIRUVANANTHAPURAM. 38. M. VINOD KUMAR, FORMERLY PEON, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., KOZHIKODE, RESIDING AT SURABHI, P.O. THALAKKULATHUR,KOZHIKODE DISTRICT, PIN-673 317. 39. N.SASIKUMAR, DRIVER, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT LALITHA BHAVAN, VATTIYOORKAVU,THIRUVANANTHAPURAM. 40. GIREESH KUMAR.S, FORMERLY DRIVER, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT SREEMANDIRAM, BAPUKI NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 41. BIJUKUTTAN NAIR R., FORMERLY DRIVER, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT LATHA BHAVAN, JUBILEE NAGAR, VATTAPPARA, THIRUVANANTHAPURAM. 42. SAJIKUMAR N., FORMERLY DRIVER, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT ARUVILAKAM, VAKADETHI PUTHEN VEEDU, THIRUPURAM P.O., THIRUVANANTHAPURAM. 43. RATHEESH KUMAR B., FORMERLY DRIVER, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT PADMALAYAM, KULAMKASAKONAM, MACHAD P.O THIRUVANANTHAPURAM. 44. SREEKUKAR K., FORMERLY DRIVER, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT SREEVIHAR, T.C.NO.6/1720, VETTAMUKKU, THIRUMALA P.O., THIRUVANANTHAPURAM. 45. RAJEEV T.S., FORMERLY MESSENGER, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., THIRUVANANTHAPURAM, RESIDING AT RAJI BHAVAN, VENGAPOTTA,KAZHIVOOR P.O. THIRUVANANTHAPURAM. BY G.P.SRI.BENNY GERVASIS FOR R1 & R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.Balakrishnan Nair & P.N.Ravindran, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 342 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2008 JUDGMENT Balakrishnan Nair, J. The appellants challenge the judgment of the learned Single Judge in W.P.(C) No.27781/2007. The said writ petition was disposed off along with three other writ petitions by a common judgment. Against the said common judgment W.A.Nos.94 and 112 of 2008 were filed before this Court. Those appeals were dismissed by this Court by judgment dated 15-1-2008. So, the challenge against the judgment in W.P.(C) No.27781/2007 is covered by the said judgment in those writ appeals. 2. Learned senior counsel Mr. M.R. Rajendran Nair submitted that the appellants herein are attacking the judgment of the learned Single Judge on yet another point. The learned senior counsel referred to the conclusion of the learned Single Judge regarding the validity of WA 342/08 2 Ext.P5. The learned senior counsel pointed out that nobody has challenged Ext.P5 before this Court and there was no occasion for the learned Judge to consider its validity. In view of the said position, the learned senior counsel for the appellants prays for reconsideration of the matter. 3. The learned counsel for respondents 3 and 4 submitted that the Government reviewed Ext.P5 order and passed Ext.P12 order. It was impugned in the writ petition. While considering the validity of Ext.P12, it was absolutely necessary to comment upon the validity of Ext.P5. The learned Government Pleader also supported the above submission. The learned Government Pleader referred to the point formulated by the learned Single Judge in paragraph 13 of the judgment under appeal. Referring to points (a) and (b) it is submitted that in view of the contentions raised by the writ petitioners, it became necessary to consider the validity of Ext.P5 also. 4. We notice that the validity of Ext.P5 was an issue raised in the writ petition. So, the learned Single Judge was bound to take a decision on its validity. We also concur with the views of the learned WA 342/08 3 Single Judge that the Government have no power to order regularization of persons who were appointed in the 2nd respondent Corporation through back door. We fully agree with the reasons and conclusions of the learned Single Judge on the validity of Ext.P5. No other point was urged before us. 5. In the result, the appeal fails and it is dismissed. K. Balakrishnan Nair, Judge. P.N. Ravindran, Judge. mn.