IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 8820 of 2011(B) --------------------------------------- PETITIONER(S): ----------------------- SMT.P.M.SHEEJA, W/O.P.S.SHAMI, AGED 37 YEARS, WORKING AS PUMP OPERATOR GR.II, KSRTC, ERNAKULAM AND RESIDING AT VANDARAPARAMBIL HOUSE, MULAVUKAD P.O., BOLGATTY, ERNAKULAM-682 504. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): ------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR-695001. 2. THE EXECUTIVE DIRECTOR (ADMINISTRATION), KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695001. 3. THE DISTRICT TRANSPORT OFFICER, KSRTC, ERNAKULAM-16. ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.8820/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.PL 15/034229/05 DT.D 1.3.2006 AND JOINT DUTY ON 10.3.2006. P2:- COPY OF THE PAGE NO.1 AND PAGE NO.6 OF SSLC EXAMINATION. P3:- COPY OF THE DISCHARGE CERTIFICATE DTD/ 13.1.2008 IN RESPECT OF PETITIONER. P4:- COPY OF THE MEMORANDUM NO.1478/08/EKM DTD. 23.4.2008. P5:- COPY OF THE MEMO NO.PL2-706/11/2011 DTD. 3.2.2011. P6:- COPY OF THE INTERPRETATION SUMMARY DTD. 12.1.2009. P7:- COPY OF THE INTERPRETATION CHART ISSUED BY DR.GAJANAN, RADIOLOGIST, SARAF HOSPITAL. P8:- COPY OF THE CERTIFICATE DTD. 16.2.2001 ISSUED BY DR. ASHA V.SARAF OBSTETRICIAN & GYNECOLOGIST, SARAF MEMORIAL HOSPITAL , ERNAKULAM P9:- COPY OF THE GAZETTE DTD. 30.6.2009- CATEGORY NO.222/2009 ISSUED BY K.P.S.C. P10;- COPY OF THE APPLICATION FORM DTD. 22.6.2009. P11:- COPY OF THE MEMORANDUM NO.PL1-17448/09 DTD. 16.12.2010. P12:- COPY OF THE MEMORANDUM NO.PL1/35112/2010 DTD. 16.2.2011. P13:- COPY OF THE REPRESENTATION DT.D 21.1.2011 TO THE FIRST RESPONDENT. P14:- COPY OF THE KERALA STORE STAFF RECRUITMENT, APPOINTMENT AND PROMOTION REGULATION, 1976. P15:- COPY OF THE MEMORANDUM NO.PL-15/000357/11 DT. 31.3.2011. P16:- COPY OF THE G.O. (P) 12/99 P & ARD DTD. 24/5.1999(RELEVANT PAGE). P17:- COPY OF THE ANNEXURE-I ATTACHED TO THE WAGE REVISION SETTLEMENT DTD. 28.11.2008 (RELEVANT PAGES) P18:- COPY OF THE REPRESENTATION DTD. 8.12.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE Tss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 8820 OF 2011 ------------------------------- DATED THIS THE 13TH DAY OF DECEMBER, 2011 JUDGMENT Writ Petition is filed seeking to quash Ext.P15, for a declaration that the petitioner is entitled to be posted as Store Issuer Gr.II before any other appointment is made as evidenced by Exts.P9 and P12 and or a direction commanding the lst respondent to issue necessary orders posting the petitioner as Store Issuer Gr.II against the existing vacancies of it before filling up of the post as per Exts.P9 and P12 within a reasonable time. 2. The matter relates to the denial of category change to the post of Store Issuer Gr.II. Petitioner filed Ext.P18 representation dated 8/12/2011 wherein it is stated that due to extreme health and physical difficulties, I am ready to change to the post of Peon, an identical category of Pump Operator Grade II. It is also stated that if change is allowed, Corporation would not suffer any financial loss. 3. When the matter is taken up for consideration today, the -2- W.P.(C).No.8820/2011 learned counsel for the petitioner submits that Ext.P18 representation is pending consideration before the lst respondent and requests this Court to direct the lst respondent to consider and pass appropriate orders on Ext.P18 representation within a time frame. In the circumstances, this writ petition is disposed of directing the lst respondent to consider Ext.P18 representation and pass appropriate orders thereon, after affording an opportunity of being heard to the petitioner. within a period of one month from the date of receipt of a copy of this judgment. The lst respondent may consider the request of the petitioner to change to the post of peon. HARUN-UL-RASHID, JUDGE. kcv. -3- W.P.(C).No.8820/2011