IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 6942 of 2007(B) ------------------------- PETITIONER: --------------- SONY JACOB, S/O.LATE K.T.CHACKO, CONDUCTOR, KOTTAYAM DEPOT, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: ------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST PORT,THIRUVANANTHAPURAM. 2. THE EXECUTIVE DIRECTOR (A & E), OFFICE OF THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST PORT THIRUVANANTHAPURAM. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM DEPOT, KOTTAYAM. ADDL.R4: VIKRAMAN NAIR, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION DEPOT, PAPPANAMCODE, THIRUVANANTHAPURAM. (IMPLEADED AS PER ORDER DTD 5.3.2007 IN IA 3438/07) BY SRI. K. PRABHAKARAN – SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 6942 OF 2007 ---------------------------------------- Dated this the 4th day of February, 2008 JUDGMENT The petitioner is a Conductor in the Kerala State Road Transport Corporation. He is aggrieved by the promotion given to his juniors in the entry cadre, to the post of Station Master and further to the post of Inspector on the ground that he has availed of leave without allowances for going abroad for employment, under Appendix XIIA of the KSR. According to the petitioner for the purpose of deciding eligibility for promotion to the post of Station Master the seniority in the entry cadre is what matters and not the seniority in the grade of Conductor (Special Grade). The petitioner submits that his juniors have been promoted in preference to the petitioner both as Station Master and Inspector. The petitioner therefore seeks the following reliefs: “i) to issue a declaration that the petitioner is entitled to count full seniority for the purpose of promotion after his rejoining duty on completion of Leave Without Allowances and that he is entitled to promotion to the post of Station W.P.(c) No.6942/07 2 Master and Inspector with retrospective effect and from the date assigned to his immediate Junior Sri. M. Vikraman Nair, at Sl. No.1831 promoted in Ext.P1 order with all consequential benefits. (ii) to issue a writ of mandamus or other writ or order directing the respondents to promote the petitioner as Station Master and as Inspector with retrospective effect from the date of Ext.P1 order ie the date of promotion of his immediate junior shri. M. Vikraman Nair, with all consequential benefits, including arrears of salary. 2. I find that by Ext.P2 judgment a learned Single Judge had considered a similar question elaborately. Therefore it is only proper that KSRTC considers the claims of the petitioner in the light of Exts.P2 and P3 judgments of this Court, if the same are applicable to the petitioner's case. In the above circumstances this writ petition is disposed of with a direction to the 1st respondent to consider the claims of the petitioner in the light of Exts.P2 and P3 judgments after affording an opportunity of being heard to the petitioner as well as all other persons, who would be affected by any decision in favour of the petitioner. This shall be done within a period of two months from the date of receipt of a copy of W.P.(c) No.6942/07 3 this judgment. However, I make it clear that I have not considered the contentions of the petitioner on merits and it is up to the 1st respondent to consider all aspects of the case in accordance with law. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.6942/07 4