IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 20944 of 2009(K) -------------------------- PETITIONER(S): --------------- K. RAJENDRAN NAIR, CONDUCTOR SELECTION GRADE, K.S.R.T.C, DEPOT, KANIYAPURAM. BY ADV. SRI.ANANDARAJAN.N RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM -23. 2. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C, KANIYAPURAM. 3. C.K. BABU, STATION MASTER, K.S.R.T.C, KODUNGALLOOR DEPOT. ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20944/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF JUDGMENT DATED 30/09/2002 IN W.A.NO.1761/02 WITH COPY OF JUDGMENT IN O.P.NO.12006/95 ANNEXED. P2 : COPY OF JUDGMENT DATED 18/09/2002 18/09/2002 IN W.A.NO.1760/02. P3 : COPY OF JUDGMENT DATED 13/07/98 IN O.P.NO.6656/93. P4 : COPY OF REPRESENTATION DATED 10/02/2006 SUBMITTED BY THE PETITIONER. P5 : COPY OF CERTIFICTE DATED 16/04/2005 ISSUED BY DR.SARADA M.D., D.M., ADDL. PROFESSOR OF NEUROLOGY, SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCES & TECHNOLOGY, TRIVANDRUM. P6 : COPY OF JUDGMENT DATED 14/03/2007 IN WPC NO.8546/07 OF THE HONOURABLE HIGH COURT OF KERALA. P7 : COPY OF MEMORANDUM NO.PL2/016494/07 DATED 6/7/07 ISSUED BY R1. P8 : COPY OF UPGRADATION LIST. P9 : COPY OF RELEVANT PAGES OF REVISED DRAFT GRADATION LIST OF CONDUCTORS AS ON 01/04/2001. P10 : COPY OF MEMORANDUM NO.PL10/000061/08 DATED 10/12/2008 PROMOTING CONDUCTORS AS STATION MASTERS. P11 : COPY OF REPRESENTATION DATED 16/12/2008 SUBMITTED BY THE PETITIONER TO R1. P12 : COPY OF MEMORANDUM NO.PL2/122339/06 DATED 31/01/2007 ISSUED BY R1. P13 : COPY OF MEMORANDUM NO.PL2/000678/07 DATED 10/04/07 ISSUED BY R1. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.20944 of 2009 (K) --------------------------------- Dated, this the 11th day of March, 2010 J U D G M E N T The petitioner, who is a Special Grade Conductor working in the Kerala State Road Transport Corporation, is aspiring promotion to the post of Station Master. In Ext.P9 gradation list of Special Grade Conductors, the petitioner is at serial No.3846 and the 3rd respondent is at serial No.3848. However, when by Ext.P10, Special Grade Conductors were promoted and posted as Station Masters, though the 3rd respondent has been promoted and is included at serial No.9 of the said order, the petitioner has not been promoted. It is in these circumstances, this writ petition has been filed. 2. If as a matter of fact, the petitioner is in the feeder category and seniority is the criteria for promotion, unless there is any reason rendering the petitioner ineligible for promotion, he is entitled to be promoted based on his seniority. In this case, no reason is given in Ext.P10 why the petitioner was not given promotion. In these circumstances, I am inclined to think that the WP(C) No.20944/2009 -2- petitioner's claim has been overlooked. In view of this, I dispose of this writ petition directing the 1st respondent to give promotion to the petitioner as Station Master. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. This writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) jg