IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 25724 of 2007(K) ----------------------------------------- PETITIONER(S): ------------------------ ABDULSALAM, S/O.MOHAMMED ABDUL KHADER, AGED 53 YEARS, MECHANIC SELECTION GRADE, KSRTC, ATTINGAL AND RESIDING AT PUTHENVILAYIL, ANDOORKONAM POST, VIA POTHENCODE, THIRUVANANTHAPURAM. BY ADV. MR.N.UNNIKRISHNAN RESPONDENT(S): ------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REPRESENTED BY MANAGING DIRECTOR. 2. N.VISWAMBHARAN, CHARGEMAN (AUTO) KSRTC, ATTINGAL. BY ADV. MR. K. PRABHAKARAN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25724/2007 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF MEMO NO.PL-1.3132/78/CGNR DTD. 14/06/1978. P2: COPY OF MEMO NO.PL1-3132/78/CGNR DTD. 26/10/1978. P3: COPY OF MEMORANDUM NO.E1-318/07/ADR. DTD.12/03/2007. P4: COPY OF GRADATION LIST AS ON 1/1/2006. P5: COPY OF THE JUDGMENT IN W.A.NO.1167/03 DTD. 13/07/2005. P6: COPY OF THE JUDGMENT IN WP(C) NO.38683/2003(E) DTD. 14/03/2007. P7: COPY OF THE REPRESENTATION DTD. 1/06/2007 TOTHE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss 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