P.R. Gangadhara Marar v. The Chairman & Managing Director
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 WP(C).No. 5890 of 2015 (I) --------------------------- PETITIONER(S):
----------------- P.R. GANGADHARA MARAR, AGED 53 YEARS S/O.RAMAN MARAR, NADUVILEDATH VALAYIL HOUSE, PAINGARAPPILLY P.O., PIN: 682 314, MULANTHURUTHY ERNAKULAM DISTRICT (DRIVER, KSRTC, VAIKOM DEPOT) BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S):
------------------ 1.
THE CHAIRMAN & MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, EAST FORT THIRUVANANTHAPURAM - 695 023.
2.
THE EXECUTIVE DIRECTOR (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, EAST FORT THIRUVANANTHAPURAM - 695 023.
3.
THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, VAIKOM - 682 314.
R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) No.5890 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :
TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE PETITIONER.
EXHIBIT P2 :
TRUE COPY OF THE MEMORANDUM NO.PL3/2105/2000/PTA DATED 20.7.2000 ISSUED BY THE RESPONDENT CORPORATION.
EXHIBIT P3 :
TRUE COPY OF THE MEMORANDUM NO.PL3-1771/2001/PTA DATED 19.7.2001 ISSUED BY THE RESPONDENT CORPORATION.
EXHIBIT P4 :
TRUE COPY OF THE ORDER NO.D.DIS.PL13/014957/10 DATED 7.6.2010 ISSUED BY THE RESPONDENT CORPORATION. EXHIBIT P5 :
TRUE COPY OF THE MEMORANDUM DATED 16.1.2015 ISSUED BY THE RESPONDENT CORPORATION.
EXHIBIT P6 :
TRUE COPY OF THE APPENDIX XII A OF KSR PART 1 OF KERALA SERVICE RULES.
EXHIBIT P7 :
TRUE COPY OF THE PROCEEDINGS NO.PLA-10001575/84/R.DIS DATED 21.8.1984 ISSUED BY THE RESPONDENT CORPORATION.
EXHIBIT P8 :
TRUE COPY OF THE PAGE NOS.7 & 8 OF THE GRADE PROMOTION RULES.
EXHIBIT P9 :
TRUE COPY OF THE CIRCULAR NO.PL7-000175/2010 DATED 6.7.2010 ISSUED BY THE RESPONDENT CORPORATION EXHIBIT P10 :
TRUE COPY OF THE JUDGMENTS DATED 12.3.2003 IN OP.NO.32006/2001 AND IN OP.NO.14175/2002 DATED 12.3.2003.
EXHIBIT P11 :
TRUE COPY OF THE JUDGMENTS IN W.A.NO.1167/2003 DATED 13.7.2005 AND W.A.NO.1179/2005 DATED 13.7.2008. EXHIBIT P12 :
TRUE COPY OF THE JUDGMENT IN WA.NO.1810/2013 DATED 20.1.2014 OF THIS HON'BLE COURT.
EXHIBIT P13 :
TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.13718/2008 DATED 14.7.2009 OF THIS HON'BLE COURT.
EXHIBIT P14 :
TRUE COPY OF THE PROMOTION ORDER NO.PL-10-23637/10 DATED 15.10.2010 ISSUED BY THE RESPONDENT CORPORATION.
EXHIBIT P15 :
TRUE COPY OF THE JUDGMENT IN WP (C) NO.17423/2013 DATED 13.1.2014 OF THIS HONOURABLE COURT.
WP(C)NO.5890/15 : 2 :
EXHIBIT P16 :
TRUE COPY OF THE JUDGMENT DATED 6.1.2015 IN W.P.(C) NO.5908/2014 OF THIS HON'BLE COURT.
EXHIBIT P17 :
TRUE COPY OF JUDGMENT IN 2008 (1) KLT 712 (SC) MOHAMMED ABDULLA V. STATE OF KERALA.
RESPONDENT(S) EXHIBITS NIL.
//TRUE COPY// P.S. TO JUDGE.
V.CHITAMBARESH, J.
--------------------- W.P (C) No.5890 of 2015 --------------------- Dated this the 24th day of February, 2015
J U D G M E N T
The issue pertains to availing leave without allowance for employment abroad.
Ext.P5 order negativing the claim of the petitioner cannot stand scrutiny in the light of Ext.P16 judgment in W.P.(C) No.5908/2014.
2. Ext.P5 order is accordingly quashed and the respondents are directed to reconsider the issue in the light of Ext.P16 judgment. The necessity to restore the original seniority and rank of the petitioner with consequential benefits shall be explored. The needful shall be done within a period of three months from the date of production of a copy of this judgment.
The Writ Petition is disposed of.
Sd/- V.CHITAMBARESH, Judge.
nj.