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. 18044 of 2007(W) --------------------------------------- PETITIONER: ------------------- SHRI.MOHAMMED ASHRAF, S/O.EASA, AGED 54 YEARS, SPECIAL ASSISTANT, KSRTC, ERATTUPETTA, AND RESIDING AT PERAMBALATHU HOUSE, MATTAKKADU, ERATTUPETTA P.O. KOTTAYAM. BY ADV. MR.N.UNNIKRISHNAN. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. REP. BY MANAGING DIRECTOR. 2. THE ASSISTANT TRANSPORT OFFICER, KSRTC, ERATTUPETTA. 3. M.N.VIJAYAN, SUPERINTENDENT, KSRTC, KUMALY. 4. M.BALAN, SUPERINTENDENT, KSRTC, THOTTILPALAM. R1 & R2 BY MR.JOHNSON P.JOHN, SC, KSRTC. 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.18044/2007-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MEMORANDUM NO. PLB 2-33/79/KTM DTD. 02/01/1979. EXT.P.2: COPY OF THE GRADATION LIST AS ON 01/04/1988. EXT.P.3: COPY OF THE MEMORANDUM NO. PL1-000359/06 DTD. 21/07/06. EXT.P.4: COPY OF THE MEMORANDUM NO. PL1/000200/05 DTD. 24/06/2005. EXT.P.5: COPY OF THE JUDGMENT DTD. 13/07/2005 IN W.A. NO. 1167/03. EXT.P.6: COPY OF THE JUDGMENT DTD. 10/10/2000 IN O.P. NO. 17411/00 IN USMANKUTTY VS. KSRTC AND ANOTHER. EXT.P.7: COPY OF THE REPRESENTATION DTD. 30/05/07 SUBMITTED BEFORE THE R.1. EXT.P.8: COPY OF THE MEMORANDUM NO.PL.10.000075/07 DTD. 11/05/2007. EXT.P.9: COPY OF THE MEMORANDUM NO. PL.10/010445/07 DTD. 11/05/2007. EXT.P.10: COPY OF THE JUDGMENT DTD. 14/03/2007 IN W.P.(C).NO.38683/03 (M.G. CHANDRASEKHARAN NAIR VS. KSRTC & OTHERS. EXT.P.11: COPY OF THE MEMORANDUM NO. PL.10/019822/06 DTD. 11/05/2007. EXT.P.12: COPY OF THE ORDER NO. 1002/GL2/2007/RTC DTD. 30/06/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 18044 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.P7 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 18044/2007 2 of this judgment. The petitioner also states that the issue regarding grade promotion is also covered by the aforesaid judgment. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/5/8