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
