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Kerala High Court

K.P.Ramachandran vs K.S.R.T.C (Kerala State Road Transport ... on 20 March, 2009

Author: C.K. Abdul Rehim

Bench: C.K.Abdul Rehim

       

  

  

 
 
                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                               PRESENT:

                        THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

                    FRIDAY, THE 5TH DAY OF OCTOBER 2012/13TH ASWINA 1934

                                   WP(C).No. 23202 of 2012 (A)
                                   ----------------------------------------

PETITIONER:
-------------------


             K.P.RAMACHANDRAN,
             S/O. K.G. PARAMESWARAN, KALASSERIL HOUSE,
             MANJOOR SOUTH P.O, KOTTAYAM DISTRICT.


             BY ADVS.SRI.ABRAHAM K.JOHN,
                         SMT.C.G.ARUNDHATHI.


RESPONDENTS:
------------------------


          1. K.S.R.T.C (KERALA STATE ROAD TRANSPORT CORPORATION),
             REPRESENTED BY ITS MANAGING DIRECTOR,
             TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM,
             PIN - 6955001.

          2. THE MANAGING DIRECTOR,
             KERALA STATE ROAD TRANSPORT CORPORATION,
             TRANSPORT BHAVAN, EAST FORT,
             THIRUVANANTHAPURAM, PIN - 695 001.

          3. THE ADMINISTRATIVE OFFICER,
             GRADATION SECTION,
             KERALA STATE ROAD TRANSPORT CORPORATION,
             TRANSPORT BHAVAN, EAST FORT,
             THIRUVANANTHAPRUAM, PIN - 695 001.


             BY SRI.BABU JOSEPH KURUVATHAZHA,S.C,K.S.R.T.C.


            THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
            ON 05-10-2012, THE COURT ON THE SAME DAY DELIVERED THE
            FOLLOWING:

Prv.

W.P.(C).NO.23202/2012-A:

                          APPENDIX



PETITIONER'S EXHIBITS:


EXT. P1:     PHOTOSTAT COPY OF THE MEMORANDUM DATED 20-03-2009 PASSEDBY
             THE 2ND RESPONDENT

EXT. P2:     PHOTOSTAT COPY OF THE COMMUNICATION DATED 28-04-2011 PASSED
             BY THE 2ND RESPONDENT

EXT. P3:     PHOTOSTAT COPY OF THE JUDGMENT DATED 16-07-2012 IN
             W.P.(C) NO 15427/2011 ) OF THE HONOURABLE HIGH COURT OF KERALA

EXT. P4:     PHOTOSTAT COPY OF THE REPRESENTATION DATED 07-09-2012
             SUBMITTED BEFORE THE 1ST RESPONDENT

EXT. P5:     PHOTOSTAT COPY OF THE REPRESENTATION DATED 07-09-2012
             SUBMITTED BEFORE THE 2ND RESPONDENT

EXT. P6:     PHOTOSTAT COPY OF POSTAL ACKNOWLEDGEMENT CARD IS FOR THE
             RECEIPT OF EXHIBIT P4 BY THE IST RESPONDENT

EXT. P7:     PHOTOSTAT COPY OF POSTAL ACKNOWLEDGEMENT CARD IS FOR THE
             RECEIPT OF EXHIBIT P5 BY THE 2ND RESPONDENT.



RESPONDENTS' EXHIBITS: NIL.




                                              //TRUE COPY//




                                              P.A. TO JUDGE.



Prv.



                     C.K. ABDUL REHIM, J.

                -------------------------------------------------
               W.P.(c) No. 23202 OF 2012-A
                -------------------------------------------------
        DATED THIS THE 5th DAY OF OCTOBER, 2012

                           J U D G M E N T

Petitioner is working as Selection Grade conductor in the 1st respondent Corporation. According to him, inspite of his eligibility for promotion as Station Master, his name was not included in the list prepared by the respondents. It is contended that non-inclusion of the petitioner's name in the list of eligible candidates was because his seniority was fixed without reckoning service rendered before regularisation. This court in Ext.P3 judgment had issued a direction in an identical case to consider the seniority reckoning initial date of appointment and to pass consequential orders within a time limit. On that premise, the petitioner seeks a direction to the 2nd respondent to consider Ext.P4 representation taking note of Ext.P3 judgment and to take a favourable decision. W.P.(c) No. 23202/2012 -2-

2. Heard; counsel for the petitioner and standing counsel for the respondents. Under the above mentioned circumstances writ petition is disposed of directing the 2nd respondent to consider Ext.P4 representation and to take appropriate decision with respect to promotion of the petitioner to the post of Station Master reckoning his seniority from the date of initial appointment, as ordered in Ext.P3 judgment.

3. The needful steps in this regard shall be done within a period of one month from the date of receipt of a copy of this judgment.

Sd/-

C.K. ABDUL REHIM, JUDGE.

AMG True copy P.A to Judge