T.G.AJI KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, who is presently working as Driver in the Kerala State Road Transport Corporation (hereinafter referred to as the Corporation for short) pursuant to a regular appointment after recruitment by the Kerala Public Service Commission, has filed this writ petition challenging Ext.P8 order dated 24.9.2012 issued by the Chairman and Managing Director of the Corporation rejecting a request to regularise him in service as Conductor along with other empanelled Conductors.

(2.) THE petitioner was appointed provisionally as Conductor in the service of the Corporation through the Employment Exchange with effect from 14.11.1999. The appointment was for a period of 179 days. He however, continued in service without break till 18.1.2010 when he was deputed for training pursuant to an order issued by the Corporation regularly appointing him as Reserve Driver, such appointment was based on Ext.P2 advice memo dated 10.11.2009 issued by the Kerala Public Service Commission. After training, the petitioner joined duty on 16.2.2010.

(3.) SHORTLY after the Corporation regularised the services of 1353 empanelled Conductors, 720 empanelled Drivers and 392 empanelled Mechanical Staff, the petitioner filed Ext.P6 representation dated 5.1.2012 before the Chairman and Managing Director of the Corporation requesting for change of category as Conductor. He thereafter filed W.P.(C)No.8650 of 2012 in this Court wherein he sought inclusion of his name in the list of empanelled Conductors as per Ext.P5. He also sought an order directing the Chairman and Managing Director of the Corporation to consider Ext.P6 representation after affording him an opportunity of being heard, within a time limit to be fixed by this Court. By Ext.P7 judgment delivered on 4.4.2012 a learned single Judge of this Court disposed of the writ petition with a direction to the Chairman and Managing Director of the Corporation to consider Ext.P6 representation and pass orders thereon within two months from the date of receipt of a copy of the judgment, after affording the petitioner an opportunity of being heard. The Chairman and Managing Director of the Corporation thereafter heard the petitioner on 24.9.2012 and issued Ext.P8 order dated 24.9.2012 rejecting his request for inclusion in the list of empanelled Conductors whose services were regularised as per Ext.P5. He thereafter filed Ext.P9 revision petition before the Government for an order directing the Chairman and Managing Director to regularise him in service as Conductor. This writ petition was thereafter filed on 17.12.2012 challenging Ext.P8 order and seeking the following reliefs:-