IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 13261 of 2008(D) -------------------------------------- PETITIONER(S): ------------------------ SHRI.G.GOPALAKRISHNAN NAIR, S/O.M.GANGADHARAN NAIR, AGED 52 YEARS, WORKING AS ASST.STORE KEEPER GR.I, O/O.THE DIST. TRANSPORT OFFICER, KSRTC, TVM. CENTRAL, TVM. AND R/AT KAMALALAYAM BUNGLOW, VENKATAMBU P.O., KULATHOOR, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. MR.N.UNNIKRISHNAN RESPONDENT(S): ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REPRESENTED BY MANAGING DIRECTOR. 2. THE EXECUTIVE DIRECTOR (V & A), KSRTC, THIRUVANANTHAPURAM. 3. THE DISTRICT TRANSPORT OFFICER, KSRTC, THIRUVANANTHAPURAM CENTRAL, THIRUVANANTHAPURAM. 4. SHRI.S.INNUKALADHARAN NAIR, ASSISTANT STORE KEEPER GRADE-I, CHIEF STORE, KSRTC, PAPPANAMCODE. 5. SHRI.G.SREEKANTAN NAIR, STORE KEEPER, STATIONARY STORE, KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 6. SHRI.D.N.VENUGOPAL, ASSISTANT STORE KEEPER, REGIONAL WORKSHOP, KSRTC, MAVELIKKARA. R1 TO R3 BY ADV. MR.V.NANDAGOPALA NAMBIAR, SC, K.S.R.T.C. R5 BY SMT.ANITHA M.N. R6 BY SMT.I.SHEELA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13261/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RANK LIST NO.PLC-2-22413/90 DTD. 25.3.01. P2:- COPY OF THE MEMO NO.E1.4172/97/PSLA DTD. 29.9.97. P3:- COPY OF THE MEMORANDUM NO.PL 18/01539/04 DTD. 20.12.04 AND OF GRADATION LIST OF ASSISTANT STORE KEEPER GRADE II AS ON 31.10.04. P4:- COPY OF THE MEMORANDUM NO.PL2/000768/08 28/1/08. P5:- COPY OF THE MEMORANDUM NO.PL18/028027/08 DTD. 12.3.08 ALONG WITH GRADATION LIST AS ON 1.1.08. P6:- COPY OF THE REPRESENTATION DTD. 25.2.08 SUBMITTED BY THE PETITIONER TO THE IST PETITIONER. P7:- COPY OF THE MEMORANDUM NO.PL2/10026/08 DTD. 31.3.08. P8:- COPY OF THE MEMORANDUM NO.PLC2-064281/96 DT. 26.9.97 ISSUED BY MANAGER (PERSONNEL ADMINISTRATION), KSRTC ALONG WITH ITS ANNEXURE 1. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN,J. --------------------------- W.P.(C).NO.13261 OF 2008 --------------------------- 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.