IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 37382 of 2008(A) -------------------------------------- PETITIONER(S): ---------------------- 1. R.SUSEELAN, S/O.M.K.RAGHAVAN, AGED 49 YEARS, DRIVER GRADE II, KSRTC, ALAPPUZHA. 2. M.M. SHAJI, S/O.MADHAVAN, AGED 49 YEARS, DRIVER GRADE II, KSRTC, ALAPPUZHA. 3. K.N. PADMASENAN, S/O.NARAYANAN, AGED 49 YEARS, DRIVER GRADE II, KSRTC, ALAPPUZHA. 4. R. MADHUSOODANAN NAIR, S/O.RAMAN NAIR, AGED 48 YEARS, DRIVER GRADE II, KSRTC, ALAPPUZHA. 5. S. SASI, S/O.SUKUMARAN, AGED 49, DRIVER GRADE II, KSRTC, ALAPPUZHA. 6. D. HARIDAS, S/O.DAMODARA PANICKER, AGED 47 YEARS, DRIVER GRADE II, KSRTC, ALAPPUZHA. 7. U.K. MUKESH, S/O.KUMARAN, AGED 49 YEARS, DRIVER GRADE II, KSRTC, ALAPPUZHA. 8. K. VIJAYAKUMAR, S/O.G.KRISHNA PILLAI, AGED 51 YEARS, DRIVER GRADE II, KSRTC, ALAPPUZHA. 9. M.O. JOHNSON, S/O.OUSEPH, AGED 45 YEARS, DRIVER GRADE II, KSRTC, ALAPPUZHA. 10. V.S. SWAMY, S/O.V.K.SANKARAN, AGED 43 YEARS, DRIVER GRADE II, KSRTC, ALAPPUZHA. BY ADV. MR.N. UNNIKRISHNAN RESPONDENT(S): ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REP. BY THE MANAGING DIRECTOR. WP(C).No. 37382 of 2008(A) 2. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REP. BY THE SECRETARY. 3. THE DISTRICT TRANSPORT OFFICER, KSRTC, ALAPPUZHA. 4. N. LEKSHMANAN, DRIVER GRADE II, KSRTC, ALAPPUZHA. * 5. ANURUDHAN P.B., DRIVER GRADE II, KSRTC, ALAPPUZHA. (* DELETED) * R5 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER IN I.A.4728/2009, DATED 03/04/2009. 6. SURENDRAN E.K., DRIVER GRADE II, KSRTC, ALAPPUZHA. 7. VARGHESE V.R., DRIVER GR.II, KSRTC, ALAPPUZHA. 8. SACARIAH V.V., DRIVER GR.II, KSRTC, ALAPPUZHA. 9. SAITHU MUHAMMED, DRIVER GR.II, KSRTC, ALAPPUZHA. 10. VARGHESE D., DRIVER GR.II, KSRTC, ALAPPUZHA. 11. ABRAHAM P.E., DRIVER GR.II, KSRTC, ALAPPUZHA. 12. V.J. GABRIEL, DRIVER GR.II, KSRTC, ALAPPUZHA. 13. K.M. MOHAMMED KASIM, DRIVER GR.II, KSRTC, ALAPPUZHA. 14. K. RAJENDRAN, DRIVER GR.II, KSRTC, ALAPPUZHA. R1 & R3 BY ADV. MR.K. PRABHAKARAN, SC, KSRTC. R2 BY ADV. MR.ALEXANDER THOMAS, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2009, ALONG WITH WPC.12682/2009, WPC.11692/2009 AND WPC.15303/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 37382/2008-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ADVICE MEMO NO.R1B(2)-13460-2000/GV/94 DATED 22/06/2000. EXT.P2: COPY OF THE COMMON ORDER NO.PLA.6/026300/2000 DATED 6/07/2000 ISSUED TO 2ND PETITIONER. EXT.P3: COPY OF THE FINAL GRADATION LIST AS ON 01/01/208 IN RESPECT OF PETITIONER AND CONTESTING RESPONDENTS. EXT.P4: COPY OF THE MEMORANDUM NO.PL.18/33621/05 DATED 30/10/2008 ISSUED BY EXECUTIVE DIRECTOR (ADMN. & VIG.). EXT.P5: COPY OF THE ADVICE SENIORITY LIST OF CANDIDATES RECRUITED ON 22/06/2000 ISSUED BY THE 2ND RESPONDENT KPSC. EXT.P6: COPY OF THE INTERIM ORDER DATED 25/09/2008 IN WP(C) NO. 28470/08/08. EXT.P7: COPY OF THE COMMON REPRESENTATION DATED 28/11/22008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.37382 OF 2008, 11692, 12682 & 15303 OF 2009 ------------------------------------------- Dated this the 4th day of August, 2009 JUDGMENT The petitioners in these matters are similarly placed to the petitioners in WP(C).Nos.8159/09 and connected cases, disposed of by common judgment on 15.6.2009. The crux of the litigation has been dealt with by me in that judgment and the petitioners in these matters are also entitled to the benefit of that judgment. Therefore, it is ordered that if any among the petitioners in these matters have already made representations seeking indulgence of the Managing Director as regards their objections regarding the establishment list and the depot list which have become operational, those objections will be considered within 45 days from the date of receipt of a copy of this judgment. If no representations have been filed, any such objection would be dealt with and disposed of within 45 days of receipt of such objection. Copy of the judgment dated 15.6.209 in W.P(C). 8159/09 and connected cases will stand appended to this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.4/8.