IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WA.No. 1471 of 2007 --------------------- AGAINST THE JUDGEMENT IN WPC.9654/2007 Dated 21/03/2007 .................... APPELLANT: 1ST RESPONDENT ---------------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM. BY SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC RESPONDENT: PETITIONER ------------------------- M.REKKUBU KUNJU, S/O.LATE A.MOHAMMEDKUTTY, INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT. ADV. SRI.M.V.THAMBAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.1471/2007 ------------------------------ Dated this, the 11th day of March, 2010 JUDGMENT Balakrishnan Nair, J. The 1st respondent in the Writ Petition, the Kerala State Road Transport Corporation, is the appellant. The respondent herein, who was the writ petitioner, approached this Court, seeking promotion to the posts of Station Master and Inspector Grade II with retrospective effect. That prayer was allowed by the learned Single Judge. Hence this appeal. 2. The brief facts of the case are the following: The respondent joined the service of the Kerala State Road Transport Corporation (for short “KSRTC”) on 3.6.1977. He was on Leave Without Allowances from 1.3.1993 to 18.2.2004. He rejoined duty on 19.2.2004. If any of his junior is promoted during that leave period, the respondent cannot make any claim for promotion based on that. But, if any junior of him is promoted after he rejoined duty, he is also entitled to get WA No.1471/2007 - 2 - promotion with effect from that date. It is common ground that the respondent's junior Sri.E.C.Jayaram was promoted as Station Master with effect from 2.3.2005 and as Inspector Grade II with effect from 9.11.2005. So, claiming promotion to those posts with effect from the said dates, the respondent approached this Court. This Court, by Ext.P5 judgment dated 6.2.2007, directed the KSRTC to consider his claim, taking into account Ext.P3 judgment, which deals with the case of similarly placed persons. Pursuant to the said judgment, the respondent was promoted, but only with effect from 8.6.2006 and 24.7.2006, to the posts of Station Master and Inspector Grade II respectively, as per Ext.P6 memorandum. Feeling aggrieved by Ext.P6, the present Writ Petition was filed. The learned Single Judge directed to grant promotion to him to those cadres from 2.3.2005 and 9.11.2005 respectively, which were the dates on which his immediate junior Jayaram was promoted to those posts. Challenging that judgment, the Writ Appeal is preferred. 3. We heard the learned counsel on both sides. A person WA No.1471/2007 - 3 - on Leave Without Allowances can be superseded by his juniors while he is on leave, but not thereafter. That means, the respondent was entitled to get promotion with effect from the date his immediate junior was promoted after he rejoined duty. Since it is an admitted case of the appellant that the respondent's junior got promotion to the post of Station Master on 2.3.2005 and to the post of Inspector Grade II on 9.11.2005, the respondent is entitled to get promotion to those posts with effect from the said dates. That was what was ordered by the learned Single Judge. Therefore, there is no merit in the Writ Appeal. Accordingly, it is dismissed. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.