The petitioner in all these writ petitions is the KSRTC, aggrieved by the order of the State Transport Appellate Tribunal, in cases filed by the respective party respondents. The issue was with respect to the renewal of permit in accordance with the distance rule. The rejection by the RTA was on the ground of major portion overlap of the notified scheme route. The permits granted to the party respondents could not be renewed since then they would then have to be re-classified as higher class services. 2. The party respondents were operating stage carriages as ordinary and fast passenger services. By the introduction of the distance rule, for continued operation of the stage carriages, they had to necessarily reclassify the permits. Hence, those who were running ordinary service had to reclassify the same as Fast Passengers on, the distance of the route in the original permit, exceeding that prescribed WPC.No. 21281 of 2009 & con. cases : 2 :
under the amended rule. Like wise, the Fast Passengers also could be continued only if they were reclassified as Super Fast services. The Tribunal, however, directed that such reclassification could be done and granted renewal in many cases. The learned counsel also produced before this Court a judgment in W.P(C) No.11744/2012 wherein a Single Judge had considered the above matter and affirmed the order of the Tribunal.
3. However, there is substantial change in circumstances, as pointed out by the learned Standing Counsel for the KSRTC. The Government has brought out a notification G.O(P) No. 73/13(Tran.) dated 16.07.2013, where Fast Passengers were exclusively confined to the KSRTC. The said notification has also been upheld by a learned Single Judge of this Court in Kerala State Limited Stop/Stage Carriage Association vs. State of Kerala (2014(2)KLT 135), which decision is said to be pending in appeal before a Division Bench. Admittedly, there is no stay granted by the Division Bench.
4. But the scheme itself provides for the WPC.No. 21281 of 2009 & con. cases : 3 :
continuation of services till the expiry of the permits on the classification granted, de hors the distance rule. In such circumstance, there would be no necessity to keep the writ petitions pending. Definitely the re-classification shall be subject to the result of the appeal pending before the Division Bench from the aforecited judgment.
5. Writ petitions are closed making it clear that the KSRTC as also the party respondents are entitled to raise all their contentions before the Division Bench, since this Court has not considered the issue on merits.
Reserving such liberty, writ petitions are disposed of.
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(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge