IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 16649 of 2009(A) -------------------------- PETITIONER(S): --------------- P.A.KUNJUMOHAMMED, AGED 58, S/O. ABDU, PALAKKAL HOUSE, MULLANKUNNU, PONJASSERY P.O., PERUMBAVOOR. (MECHANIC, SPL.GRADE, RETIRED, K.S.R.T.C., PERUMBAVOOR). BY ADV. SRI.P.JAYAKUMAR SRI.V.N.MOHANADASAN RESPONDENT(S): --------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, TRIVANDRUM. 2. EXECUTIVE DIRECTOR, VIGILANCE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, TRIVANDRUM. 3. DISTRICT TRANSPORT OFFICER, K.S.R.T.C., PERUMBAVOOR. BY SC JOHNSON P JOHN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 16649 OF 2009 ............................................ DATED THIS THE 25th DAY OF JUNE, 2009 JUDGMENT The petitioner faces certain disciplinary proceedings while in the service of KSRTC, from which he has retired. He states that Ext.P11 appeal against Ext.P10 order is still pending. He had been absent from service. The establishment did not accept his version that he was on medical leave. He says that if Ext.P11 appeal is decided in his favour, he would be entitled to tag on the spell of leave also for the purpose of counting his total length of service to determine his retiral benefits and also possible escalation of scale of pay on a possible refixation of his service by granting him notional promotions. These are matters that would, ultimately, depend upon a decision that would be rendered in Ext.P11. Hence, without expressing anything on merits of the matter pending as under Ext.P11, it is ordered that the competent authority will take up Ext.P11 appeal and decide on it within four months from the date of receipt of a copy of this judgment and any request of the petitioner for consequential WPC 16649/2009 2 relief as sought for in Ext.P6 would also be considered in accordance with law. Let the petitioner be afforded an opportunity of pre-decisional hearing in that regard. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/27/6