Manojkumar M.C vs Chairman And Managing Director

Raja Vijayaraghavan V, J

The petitioner states that he was working as a Reserve Conductor in the KSRTC and was posted at Thevara Depot in Ernakulam District. He met with an accident on 17.05.2019 and had to undergo prolonged treatment. He applied for casual leave for a period of seven days from 18.5.2019, which was sanctioned. After the culmination of his treatment, he reported for duty on 1.10.2020. However, no posting was granted. Left with no alternative, the petitioner resigned on 22.7.2021. The petitioner asserts that the respondent is bound to treat the period from 1.10.2020 to 22.7.2021 as duty for all purposes. Stating all these aspects, the petitioner is stated to have submitted Ext.P3 representation before the respondent. Seeking expeditious consideration and disposal of the representation, the petitioner is before this Court.

I have heard Sri. K.P. Satheesan, the learned Senior Counsel as instructed by Sri. P. Mohandas, the learned counsel appearing for the petitioner and the learned Standing Counsel.

After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

a) There will be a direction to the respondent to take up, consider and pass appropriate orders on Ext.P3, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of six weeks from the date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

This writ petition is disposed of.