IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 31220 of 2007(N) -------------------------------------- PETITIONER: ------------------- K.P. VARGHESE, S/O. K.V. PAILY, AGED 51 YEARS, SPECIAL GRADE MECHANIC, KSRTC, PERUMBAVOOR AND RESIDING AT "KIDANGEAN HOUSE", NEELEESWARAM P.O., KALADY (VIA), ERNAKULAM DISTRICT. BY ADV. MR.N.UNNIKRISHNAN. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REP. BY THE MANAGING DIRECTOR. 2. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C, PERUMBAVOOR. 3. V. RAVEENDRAN, CHARGEMAN, KSRTC, ATTINGAL, PIN-695 101. 4. S. RAJASEKHARAN NAIR, CHARGEMAN, KSRTC, KATTAKKADA, PIN-691 506. R1 & R2 BY MR.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31220/2007-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MEMORANDUM NO. PL4/000612/07 DTD. 29/09/2007. EXT.P.2: COPY OF THE DRAFT GRADATION AS ON 01/04/2003 PUBLISHED BY R.1. EXT.P.3: COPY OF THE LATEST GRADATION LIST OF MECHANICAL STAFF AS ON 01/01/2006. EXT.P.4: COPY OF THE MEMORANDUM NO. PL10.000075/07 DTD. 11/05/2007. EXT.P.5: COPY OF THE MEMORANDUM NO. PL10.010445/07 DTD. 11/05/2007. EXT.P.6: COPY OF THE JUDGMENT IN W.A. NO. 1167/03 DTD. 13/07/2005. EXT.P.7: COPY OF THE JUDGMENT IN O.P. NO. 17411/00 IN USMANKUTTY VS. KSRTC AND ANOTHER. EXT.P.8: COPY OF THE REPRESENTATION DTD. 08/10/2007 TO THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 31220 OF 2007 ............................................ DATED THIS THE 28TH DAY OF AUGUST, 2009 JUDGMENT The petitioner, an employee of KSRTC states that his seniority has been wrongly fixed vis-a-vis respondents 3 and 4 on an erroneous application of the provisions in Appendix XII-A to Part I, KSR. He states that he has been deprived of the benefit of seniority by taking the illegal view that the period spent as leave under Appendix XII-A would result in deprivation of length of service. While one may lose his chance of promotion which falls during the currency of leave under Appendix XII-A, there is no inhibition in that bunch of rules which run contrary to the credit of total length of service which would be a criterion to determine the seniority. Under such circumstances, writ petition is ordered directing that the Managing Director of KSRTC will take up Ext.P8 representation and decide on it, in accordance with law. The petitioner will be at liberty to place a copy of the judgment in WP (C) 13718 of 2008 also for consideration. Let the needful be done within a period of three months from the date of receipt of a copy Wpc 31220/2007 2 of this judgment. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/31/8