IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6317 of 2004(B)
1. V. RATNAKARAN, AGED 54 YEARS,
... Petitioner
Vs
1. KERALA STATE ROAD TRANSPORT
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.B.SURESH
For Respondent :SRI.JAMES KOSHY.N., SC. KSRTC
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :19/01/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 6317 OF 2004
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Dated this the 19th day of January, 2007
JUDGMENT
The petitioner who belongs to the Scheduled Caste has been
appointed as conductor in KSRTC on 14.8.79 through employment
exchange and continued in service till 22.12.79 when he was
terminated. Once again on 2.7.83 he was recruited to KSRTC though
employment exchange and continued till 9.2.87. On 9.2.87 his service
in the KSRTC was regularized on the basis of the advice of the PSC.
The petitioner submits that the Government of Kerala declared the year
1984-85 as the year of Harijans and as a measure of Harijan upliftment
issued a Circular on 04.08.1984 specifying that all those SC/ST
employees appointed provisionally through employment exchanges
before 02.08.1984 will be retained in service even if it is necessary to
create supernumerary posts for that purpose. Following this,
Government issued Ext.P1 order dt.9.1.85 directing strict
implementation of the above Circular. The Government has later issued
Ext.P2 order on 6.9.85 directing initiation of action of regularising the
provisional hands in service as on 2.8.1984 in concurrence of the PSC.
The Director Board of the KSRTC has resolved on 21.12.86 to
implement Ext.P2. Petitioner submits that the 1st respondent decided to
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regularise his service only on 9.2.87 and that too only after he was
regularised through the PSC. In all similarly placed institutions the
scope and purport of the Government Circular dt.9.1.1985 was given full
effect to and all concerned employees were regularised from 4.8.1984.
Several representations submitted by the petitioner requesting that his
regularisation with effect from 4.8.84 turned futile. Petitioner then
referred to Ext.P3 judgment in WA No.2420 of 1998 which is to the
effect that in the case of similarly placed employees they will be entitled
to count service commencing from 6.9.85, the date of the Government
Order. Ext.P4 judgment was obtained by a similarly circumstanced
employee of the 1st respondent. The petitioner’s grievance is that till
date he has not been given regularisation as he is entitled in terms of
Ext.P4 and the Government Order.
2. A detailed counter affidavit has been filed by the KSRTC raising
various contentions. But when the case came up for consideration
today, Sri.K.B. Suresh, learned counsel for the petitioner has placed
before me copy of the judgment in OP No.8189 of 2001. I was informed
that the petitioner in that OP was circumstanced exactly similar as the
petitioner in the present case. Even though Sri.Johnson P. John
learned Standing Counsel of the Corporation sought for time, having
gone through the records relating to the other cases and having
considered the records in this case, I do not find any reason as to why
the relief given in OP No.8189 of 2001 to the petitioner therein should
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be denied to the present petitioner. By GO(P) No. 372/85/GAD
dt.6.9.1985 the Government had directed all Heads of Departments and
appointing authorities to allow all provisional employees belonging to
Scheduled Castes/Scheduled Tribes an d who were in service as on
2.8.1984 to continue in service, even after expiry of their term of 180
days, until further orders. A Division Bench of this Court in WA No.2420
of 1998 held that the provisional employees belonging to Scheduled
Castes/Scheduled Tribes who were in service as on 2.8.1984 are
entitled to get their services regularised with effect from 6.9.1985, the
date of the GO. Identical matters whenever came up before this Court
were allowed especially OP No. 2744 of 2002 and connected cases, I
am of the view that there is no reason why the directions in OP No.2744
of 2002 should not be issued in this case also.
Therefore this Writ Petition will stand allowed. KSRTC is directed
to regularise the service of the petitioner with effect from 04.08.1984 and
grant him all consequential benefits within three months of date of
receipt of a copy of this judgment. No costs.
PIUS C. KURIAKOSE, JUDGE
btt
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