IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 28248 of 2009(A) ---------------------------------------- PETITIONER(S): ----------------------- 1. KUNHI AMEENA, W/O. ABDULLAH QUID AHMED, FAIZAL MANZIL, ANAKUZHIKKARA, KUTTIKATTUR POST, KOZHIKODE-8, KERALA STATE. 2. ABDULLAH QUID AHMED, S/O.AL-AAWR, NOW RESIDING AT FAIZAL MANZIL, ANAKUZHIKKARA, KUTTIKATTUR POST, KOZHIKODE DIST., KERALA. BY ADV. MR.S.ABDUL SALAM RESPONDENT(S): ------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SUPERINTENDENT OF POLICE, KOZHIKODE DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KOZHIKODE MEDICAL COLLEGE. 4. THE SECRETARY HOME (SSB) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. MR.T.P.M.IBRAHIM KHAN, ASST. SG. R2 TO R4 BY GOVERNMENT PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28248/2009-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE QAZEE OF CALICUT DATED 04/09/1985. EXT.P2: COPY OF THE CERITIFICATE ISSUED BY THE PERESIDENT PERUVAYAL PANCHAYATH IN FAVOUR OF THE PETITIONERS DATED 25/07/1984. EXT.P3: COPY OF THE PETITION DATED 28/08/2009 BY THE PETITIONERS BEFORE THE 1ST RESPONDENT EXT.P4: COPY OF THE SPEED POST RECEIPT DATED 05/09/2009. EXT.P5: COPY OF THE SPEED POST RECEIPT DATED 05/09/2009 TO THE SECRETARY HOME, TRIVANDRUM. EXT.P6: COPY OF THE MEDICAL CERTIFICATE DATED 24/08/2009 ISSUED BY THE DR.REJITH IN FAVOUR OF THE 2ND PETITIONER. EXT.P7: COPY OF THE MEDICAL CERTIFICATE DATED 23/08/2009 IN FAVOUR OF 2ND PETITIONER. EXT.P8: COPY OF THE RELEVANT PAGES OF THE 2ND PETITIONER'S PASSPORT NO.AJ.515019. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 28248 OF 2007 ............................................ DATED THIS THE 28TH DAY OF AUGUST, 2009 JUDGMENT The petitioner states that though he has by now retired from service, his placement in the seniority list is in gross violation of the law relatable to the reckoning of the period enjoyed as leave in terms of Appendix XII-A to Part I, KSR. He says that he had been consistently maintaining higher rank in the seniority list than the private respondents. This means that the grievance of the petitioner has to be redressed, taking into consideration the law laid by this court in judgment in WP(C) 13718 of 2008 and the judgments which are Exts.P5 to P7, in this writ petition. Since the petitioner has retired from service, if the decision ultimately is in his favour, all that needs to be done is that his retiral benefits be remoulded in terms of that decision. Accordingly, it is ordered that the case of the petitioner would be reconsidered by the Managing Director of KSRTC, taking Ext.P4 for consideration and disposal, in terms of law as noted above. The petitioner will be at liberty to produce a copy of the judgment Wpc 28248/2007 2 in WP(C)13718 of 2008 before the said authority. Since the petitioner has demitted office it is appropriate that his case is disposed of finally within a period of two months from the date of receipt of a copy of this judgment. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/31/8