Kerala High Court
P.A.Kunhahmed vs The Kerala State Road Transport ... on 6 July, 1979
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 3RD DAY OF JUNE 2016/13TH JYAISHTA, 1938H
WP(C).No. 34267 of 2004 (D)
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PETITIONER(S) :
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P.A.KUNHAHMED,
AKKARAPPURAM, TUVVUR P.O., MALAPPURAM DISTRICT,
RETIRED INSPECTOR, OFFICE OF THE ASSISTANT,
TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT
CORPORATION, PERINTHALMANNA, MALAPPURAM DISTRICT.
BY ADV. SRI.JOSE J.MATHAIKAL
RESPONDENT(S) :
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1. THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
PERINTHALMANNA, MALAPPURAM DISTRICT.
BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, S.C
BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, S.C
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03-06-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 34267 of 2004 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1: TRUE COPY OF THE ORDER DATED 06.07.1979 BY WHICH
WITHOUT ALLOWANCE GRANTED BY 1ST RESPONDENT
FROM 1979 TO 1984.
EXHIBIT P2: TRUE COPY OF ORDER DATED 17.05.1985 ISSUED BY FIRST
RESPONDENT EXTENDING LEAVE.
EXHIBIT P3: TRUE COPY OF ORDER DATED 14.08.1989 ISSUED BY FIRST
RESPONDENT EXTENDING LEAVE.
EXHIBIT P4: TRUE COPY OF 09.10.2000 PROMOTING THE PETITIONER AS
INSPECTOR.
EXHIBIT P5: TRUE COPY OF ORDER DATED 03.011.2001 REVERTING
PETITIONER AS CONDUCTOR.
EXHIBIT P6: TRUE COPY OF JUDGMENT DATED 16.11.2001 IN
O.P.NO.34702 OF 2001.
RESPONDENT(S)' EXHIBITS :
EXHIBIT R1(A): TRUE COPY OF THE MEMORANDUM DATED 17.11.2004 AS
WELL AS MEMORANDUM DATED 20.11.2004.
EXHIBIT R1(A) IN CRL.M.A.NO. 4496/2013: TRUE COPY OF CLAUSE 4 OF
APPENDIX XII A OF PART 1 OF
KSR.
EXHIBIT R1(B): TRUE COPY OF CLAUSES 1 TO 5 AND 28 OF ORDER
NO. PLA. 10-01575/84/R.DIS. DATED 21.08.1984, ISSUED BY
THE CORPORATION.
EXHIBIT R1(C): TRUE COPY OF THE RELEVANT PORTION OF
THE BIPARTITE AGREEMENT DATED 02.02.1987
PERTAINING TO THE GRADE PROMOTIONS OF
CONDUCTORS, DRIVERS, L.D. CLERKS AND WORK
ASSISTANTS.
EXHIBIT R1(D): TRUE COPY OF THE GRADE PROMOTION RULES
DATED 09.10.1987 INTRODUCED IN THE CORPORATION IN
PURSUANCE TO EXT. R1(C) AGREEMENT.
//TRUE COPY//
P.S.TOJUDGE.
Msd.
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.34267/2004
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Dated this the 3rd Day of June, 2016
J U D G M E N T
The petitioner has approached this Court challenging an order of reversion as Conductor from the post of Inspector. He had earlier approached this Court by filing O.P.No.34702 of 2001. This Court on 16/11/2001 disposed of the original petition with the following directions:
"(1) Exts.P9, P10 and P11 shall be treated as notice on the proposed reversion.
(2) It will be open to the petitioners, if they desire to file their objections to those orders within a period of three weeks from today.
(3) The competent authority will pass appropriate orders within a period of one month thereafter after hearing the petitioners. Until orders are thus passed, the reversion orders will not be given effect to."
2. The above judgment would indicate reversion order should not be given effect to without passing further orders in the W.P.(C).No.34267/2004 -:2:- matter. The petitioner thereafter, retired as Inspector. He claims that his service benefits have not been reckoned in the post of Inspector. It is also submitted that no final order has been passed pursuant to the direction of this Court in O.P.No.34702 of 2001.
3. Since no reversion order has been passed before his retirement, the retirement benefits has to be given to the petitioner treating him as retired from the post of Inspector. Therefore, there shall be a direction to the respondents to grant pensionary benefits to the petitioner treating the petitioner as retired from the post of Inspector. Needful shall be done within a period of four months.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms