IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13261 of 2008(D)
1. SHRI.G.GOPALAKRISHNAN NAIR,
... Petitioner
Vs
1. THE KERALA STATE ROAD TRANSPORT
... Respondent
2. THE EXECUTIVE DIRECTOR (V & A),
3. THE DISTRICT TRANSPORT OFFICER, KSRTC,
4. SHRI.S.INNUKALADHARAN NAIR,
5. SHRI.G.SREEKANTAN NAIR,
6. SHRI.D.N.VENUGOPAL,
For Petitioner :SRI.N.UNNIKRISHNAN
For Respondent :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :09/11/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN,J.
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W.P.(C).NO.13261 OF 2008
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DATED THIS THE 9TH DAY OF NOVEMBER, 2009
JUDGMENT
Petitioner and private respondents were Work
Assistants in K.S.R.T.C. having been selected by the Public
Service Commission. Later, after inviting applications for the
post of Assistant Store Keeper Grade-II, they were, even going
by the counter affidavit of respondents 1 to 3, considered in an
eligibility test for that post. The rank list was published by the
K.S.R.T.C. enlisting the qualified candidates including the
petitioner and private respondents. They were sent for training.
Promotion order of the petitioner was issued on 18/5/1997 and he
joined duty on 5/9/1997. The earliest date of joining from among
them is 5/9/1997. Whatever that be, the petitioner was the first
promoted person and he joined on 5/9/1997. Therefore, by virtue
of Rule 9(c) of the Grade Promotion Rules quoted in ground B of
the writ petition and the principles contained in Rule 27(a) of
-2-
W.P.(C).No.13261/2008
Part II of KS and SSR, the petitioner is senior to the private
respondents. Their placement to the contrary is therefore illegal.
2. Accordingly, this writ petition is allowed quashing
Exts.P5 and P7 to the extent stated above and declaring that
Ext.P5 to the extent of granting seniority to respondents 4 to 6
over the petitioner in the category of Assistant Store Keeper
(Store Keeper Grade-II) is invalid. Following the interim order
issued at the stage of admission, it is ordered that this judgment
will be given effect to by reversing promotions, which were
made in terms of the interim order dated 21/5/2008. Necessary
orders shall be issued by the official respondents within a period
of one month from the date of receipt of a copy of this judgment.
No order as to costs.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
kcv.