V.P.Mohamed Jamaludeen v. Kerala State Road Transport Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 WP(C).No. 8579 of 2015 (V) --------------------------- PETITIONER:

------------------ V.P.MOHAMED JAMALUDEEN, AGED 49 YEARS, S/O. POKKER V.S., VALIAPARAMBIL HOUSE, VAZHAKODE, MULLURKARA POST OFFICE, THRISSUR DISTRICT, PIN 680 583 (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR) BY ADV. SRI.C.V.MILTON RESPONDENTS:

----------------------- 1.

THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023.

2.

THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION THRISSUR PIN - 680 021.

BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.8579/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE APPOINTMENT ORDER NO. P2/4725/96/CY DATED 18.07.1996.

EXHIBIT P2 :

TRUE COPY OF THE MEDCIAL CERTIFICATES ISSUED TO THE PETITIONER BY DR. G. GEETHA, M.D., GOVERNMENT AYURVEDA COLLEGE, THIRUVANANTHAPURAM.

EXHIBIT P3 :

TRUE COPY OF THE FITNESS CERTIFICATE DATED 15.12.2000 ISSUED TO THE PETITIONER.

EXHIBIT P4 :

TRUE COPY OF THE ORDER NO. VLA1-005881/2001 DATED 02.06.2003.

EXHIBIT P5 :

TRUE COPY OF THE PAGE NOS. 49 & 53 OF THE REVISED DRAFT GRADATION LIST AS ON 01.04.2001.

EXHIBIT P6 :

TRUE COPY OF ORDER NO. PL10/001001/13 DATED 30.05.2013. EXHIBIT P7 :

TRUE COPY OF THE REPRESENTATION DATED 10.06.2013 SUBMITTED TO THE 1ST RESPONDENT.

EXHIBIT P8 :

TRUE COPY OF THE MEMORANDUM NO. PL7/000175/10 DATED 27.12.2014.

EXHIBIT P9 :

TRUE COPY OF THE JUDGMENT IN W.A. 1471/2007 DATED 11.03.2010 EXHIBIT P10 :

TRUE COPY OF THE JUDGMENT IN W.A. 1810/2013 DATED 20.01.2014.

EXHIBIT P11 :

TRUE COPY OF THE JUDGMENT IN WP(C) NO. 5954/2015 DATED 25.02.2015.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 8579 OF 2015 ------------------------------------ Dated this the 18th day of March, 2015

JUDGMENT

The petitioner working as a Conductor Grade I seeks promotion to the post of Station Master. He contends that the period availed as Leave Without Allowance (in the absence of a medical certificate) is also liable to be reckoned. Reliance is placed on Exts.P9 and P10 judgments in W.A. Nos. 1471/2007 and 1810/2013.

2.

The petitioner has in this regard submitted Ext.P7 representation which is pending before the first respondent. I direct the first respondent to consider Ext.P7 representation with notice to the petitioner. The same shall be done within a period of two months adverting to Exts.P9 and P10 judgments. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd