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High Court of KeralaWP(C)/17219/2015disposed of

P.K.Krishnankutty v. The Managing Director, Ksrtc

2015-07-28Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 WP(C).No. 17219 of 2015 (B) ---------------------------------------- PETITIONER:

--------------------- P.K.KRISHNANKUTTY, AGED 55 YEARS S/O.P P KOCHAPPAN, PARAYANGATT THARA, PANAMBUKAD VALLARPADOM P O, ERNAKULAM 682504, (INSPECTOR KSRTC ERNAKULAM DEPOT) BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENTS:

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1. THE MANAGING DIRECTOR, KSRTC TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023

2. THE EXECUTIVE DIRECTOR (ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023

3. THE CONVENER DEPARTMENTAL PROMOTION COMMITTEE, KSRTC THIRUVANANTHAPURAM-695023

4. THE DISTRICT TRANSPORT OFFICER KSRTC, ERNAKULAM DEPOT - 682 011

5. M. C. RAMAKRISHNAN ASSISTANT TRANSPORT OFFICER, KSRTC, CHITTOOR DEPOT - 682 009 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17219 of 2015 (B) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER P2:- TRUE COPY OF THE MEMORANDUM NO 893/GL2/2015/RTC DTD 2/3/2015 P3:- TRUE COPY OF THE NOTIFICATION NO 893/GL2/2015/RTC DTD 31/3/2015 P4:- TRUE COPY OF THE PROMOTION LIST DTD 2/5/2015 P5:- TRUE COPY OF THE ORDER NO 802/GL2/2015/RTC DTD 18/5/2015 P6:- TRUE COPY OF THE ORDER NO 802/GL2/2015/RTC DTD 29/5/2015 P7:- TRUE COPY OF THE ORDER NO 802/GL2/2015/RTC DTD 30/5/2015 P8:- TRUE COPY OF THE PROFORMA RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO.17219 OF 2015 ---------------------------------------- Dated this the 28th day of July, 2015

JUDGMENT

Persons who are junior to the petitioner have admittedly been promoted evident by Exts. P5, P6 and P7 orders. There is also no serious dispute to the fact that the petitioner being a Scheduled Caste is entitled to permanent exemption from tests.

2.

A Division Bench of this Court in W.A. No. 525/2014 had occasion to observe in this regard as follows:- "4.

As regards the claim of Scheduled Caste candidates, any exemption from acquiring the afore-noted requisite qualification will have to be operated in the light of any exemption granted to that category going by KSRTC decision in conformity with the entitlements of the Scheduled Caste and Scheduled Tribe candidates."

3.

Steps shall therefore be taken to promote the petitioner as Assistant Transport Officer with effect from the date on which his just junior was promoted. The

W.P.(C). NO.17219 OF 2015 2 exercise shall be carried out within a period of two weeks from the date of production of a copy of this judgment. Needless to say that the consequential benefits shall also be disbursed to the petitioner without delay. The writ petition is disposed of.

V. CHITAMBARESH JUDGE