High Court Kerala High Court

A.P.Aboobacker vs The State Transport Appellate … on 20 March, 2009

Kerala High Court
A.P.Aboobacker vs The State Transport Appellate … on 20 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33137 of 2008(T)


1. A.P.ABOOBACKER, AREEKATTPARAMBIL HOUSE,
                      ...  Petitioner

                        Vs



1. THE STATE TRANSPORT APPELLATE TRIBUNAL,
                       ...       Respondent

2. THE REGIONAL TRANSPORT AUTHORITY,

3. THE SECRETARY, REGIONAL TRANSPORT

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :20/03/2009

 O R D E R
                     ANTONY DOMINIC,J.
                 ---------------------
                 W.P.(C).No.33137 OF 2008
              ------------------------
            Dated this the 20th day of March, 2009.

                          JUDGMENT

Petitioner submits that he made an application for

conversion of his service as LSOS and also for extension. By

Ext.P1 proceedings of the RTA dated 7.8.2007 his request

for conversion as LSOS was rejected and in so far as the

extension sought for is concerned, a report was called for

from the Secretary. Ultimately, by Ext.P5 dated 25.3.2008

his request for extension was also rejected.

2. However, Ext.P1 in so far as it rejected his

request for conversion as LSOS was not challenged by the

petitioner. After Ext.P5 order was passed he filed Ext.P2

appeal, MVAA.No.353/2008 and the appeal was rejected

by Ext.P4 judgment dated 28th August 2008. Complaint in

this writ petition is that in Ext.P4 judgment the Tribunal has

not dealt with his grievance regarding conversion as LSOS.

WP(c).No.33137/08 /2/

3. In Ext.P5 all that has been dealt with was the case of

the petitioner for extension and this was for the reason that

his request for conversion as LSOS was already rejected by

Ext.P1. Ext.P1 was not the subject matter of Ext.P2 appeal and

it was therefore that conversion as LSOS was not dealt with by

the Tribunal n Ext.P4 judgment. I cannot therefore find fault

with the Tribunal in adopting this stand.

Therefore, if at all the petitioner was aggrieved by Ext.P1

to the extent his request for conversion is rejected, it was up

to the petitioner to have pursued his remedies.

Writ petition is disposed of as above.



                                        (ANTONY DOMINIC)
                                               JUDGE
vi/

WP(c).No.33137/08    /2/