IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 13391 of 2011(Y) ---------------------------------------- PETITIONER(S): ---------------------- K. MOHANAN PILLAI, MAMPAZHIKATH VEEDU, CHARPPARAMBU P.O., KOLLAM DISTRICT (DRIVER, PATHANAPURAM UNIT). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): -------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM- 695 923. 2. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAPURAM UNIT, KOLLAM DISTRICT- 689 696. R1 & R2 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 13391 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DUTY PASS ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE REPRESENTATION OF THE PETITIONER DATED 29/04/2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.13391 of 2011 ---------------------------------------- Dated 21st June, 2011 JUDGMENT The petitioner is a driver under the Kerala State Road Transport Corporation. Severe Spinal problems made the petitioner to avail leave intermittently for treatment. On all occasions leave applications were submitted along with medical certificates, it is contended. The grievance of the petitioner is that despite the passage of a decade or thereabouts the respondents are not taking any action on such applications and consequently, he is still drawing the minimum pay in the scale attached to the post of driver. It is also contended that on account of the non-regularization of the leave period he was not granted the otherwise due higher grade promotions, annual increments etc. Raising such grievances the petitioner has submitted Ext.P2 representation before the first respondent. However, no action has been taken despite the receipt of Ext.P2. It is in the said circumstances that this writ petition has been filed. 2. Going by the contentions of the petitioner, the leave applications submitted by the petitioner from 2000 onwards are still pending consideration before the competent authorities under the first WP(C).No.13391/2011 2 respondent. If the contentions of the petitioner are true it certainly, speaks of the sorry state of affairs. At any rate, there is no justification in allowing such applications to gather dust without being taken up for consideration. It is a fact that despite the entry in regular service in the year 2000 the petitioner is able to draw the salary only at the minimum in the scale of pay attached to the post of driver. He is also not getting the annual increments and also the otherwise due grade promotions. It is the assertion of the petitioner that he had submitted leave applications along with medical certificates. If that be so, there was absolutely no reason for the authorities competent for not passing appropriate orders thereon at the appropriate time. At any rate, the lethargic attitude on the part of the authorities cannot be a reason for depriving deserving benefits to an employee. In the said circumstances, this writ petition is disposed of as hereunder:- The first respondent shall look into the question with all seriousness and issue appropriate directions within 10 days from the date of receipt of a copy of this judgment to the competent authorities to take up the leave applications submitted by the petitioner along with medical certificates and consider the question of regularization of the leave period. Based on the said decision, the steps for granting increments and grade WP(C).No.13391/2011 3 promotions and consequential fixation of pay including payment of arrears shall be taken expeditiously, at any rate, within a further period of six weeks. Sd/- C.T.RAVIKUMAR Judge TKS