IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 28961 of 2010(U) --------------------------------- PETITIONER(S): ------------------- RAJU.A.N, S/O.ALEYAMMA DANIEL, NAMPELIL HOUSE, KOOTHATTUKULAM-686 662, ERNAKULAM DISTRCIT(CONDUCTOR,KSRTC, MOOVATTUPUZHA). BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): -------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION,REP.BY ITS MANGING DIRECTOR, TRANSPORT BHAVAN,FORT PO,THIRUVANANTHAPURAM-23. 2. THE EXECUTIVE DIRECTOR(ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-23. 3. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MOOVATTUPUZHA. 4. JOSE.M.J,STATION MASTER, KSRTC,MOOVATTUPUZHA. BY SRI. V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ T.R.RAMACHANDRAN NAIR, J. -------------------------------------- W.P.(C) No.28961 OF 2010 -------------------------------------- Dated this the 20th day of September, 2010 J U D G M E N T ~~~~~~~~~~~ Petitioner is an employee of the Kerala State Road Transport Corporation working as conductor in the Muvattupuzha Depot. He entered service of the Corporation on 9.5.1988 and will retire on 31.3.2013. The petitioner was granted Leave Without Allowance for employment abroad for five years from 15.3.1992 onwards. It was being extended from time to time. He rejoined duty at Muvattupuzha on 22.3.2002. As per the gradation list of the conductors as on 1.4.2009 petitioner's rank is 419 (Serial No. 270) and that of his immediate junior's is 420 (serial No.271). 2. By Ext.P2 various promotions have been made. But, the petitioner has not been benefited by any promotion, eventhough his junior has been promoted. The petitioner was informed on his enquiry that he has not been granted promotion as he was on Leave Without Allowance for various periods. W.P.(C) No.28961/2010 2 According to the petitioner, the vacancy has arisen after he has returned from the leave period and therefore, in the light of the legal position declared by this Court in various judgments, he cannot be denied the due promotion. 3. Ext.P9 is a representation filed by the petitioner before the Managing Director seeking for a direction to grant his normal promotion as Station Master with effect from the date on which his just junior in the gradation list of conductor as on 1.4.2009, was promoted to that post. 4. There will be a direction to the 1st respondent to take a decision on Ext.P9 representation, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioners. The Writ Petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ps