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Abdulsalam vs The Kerala State Road Transport on 14 September, 2009

Kerala High Court
Abdulsalam vs The Kerala State Road Transport on 14 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25724 of 2007(K)


1. ABDULSALAM, S/O.MOHAMMED ABDUL KHADER,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ROAD TRANSPORT
                       ...       Respondent

2. N.VISWAMBHARAN, CHARGEMAN (AUTO)

                For Petitioner  :SRI.N.UNNIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :14/09/2009

 O R D E R
               THOTTATHIL B. RADHAKRISHNAN, J
                  ...........................................
                WP(C).NO. 25724                  OF 2007
                  ............................................
      DATED THIS THE          14TH DAY OF SEPTEMBER, 2009

                                JUDGMENT

The petitioner, presently working as Mechanic- Selection

Grade in KSRTC complains that his entitlement to be promoted to

the post of Chargeman in preference to persons including the

second respondent has been illegally denied on a ground

referable to his having availed leave without allowances. He

contends that such leave would only deprive the chances of being

considered for promotion as against the vacancy that would have

arisen during the period for which the petitioner was enjoying

such leave. He states rightly that availing such leave would not

impair the continuity of service and thus would not adversely

affect the claim for total length of service to determine seniority.

It is also stated that the issue is covered in favour of the

petitioner in the judgment dated 14.7.2009 in WP(C)13718 of

2008. Under such circumstances, following Ext.P5 and P6

judgments, it is ordered that the Managing Director of KSRTC will

take up Ext.P7, consider and dispose it of, in accordance with

Wpc 25724/2007 2

law, at the earliest, at any rate, within 45 days from the date of

receipt of a copy of this judgment, particularly when petitioner is

stated to be due to retire by November 2009. Petitioner is at

liberty to place such further materials as he considers relevant,

before the Managing Director, KSRTC. All issues on merits left

open.

THOTTATHIL B RADHAKRISHNAN,
JUDGE

lgk/15/9

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