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M.REKKUBU KUNJU versus KERALA STATE ROAD TRANSPORT CORPORATION

High Court of Kerala

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M.REKKUBU KUNJU v. KERALA STATE ROAD TRANSPORT CORPORATION - WP(C) No. 9654 of 2007(Y) [2007] RD-KL 5814 (21 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9654 of 2007(Y)

1. M.REKKUBU KUNJU,
... Petitioner

Vs

1. KERALA STATE ROAD TRANSPORT CORPORATION
... Respondent

2. THE EXECUTIVE DIRECTOR (A & E)

3. THE DISTRICT TRANSPORT OFFICER

For Petitioner :SRI.M.V.THAMBAN

For Respondent : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :21/03/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C)No.9654 of 2007
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Dated: 21st March, 2007



JUDGMENT

The petitioner originally joined duty in the Kerala State Road Transport Corporation as Conductor with effect from 3.6.1977. He availed leave without allowance for taking up employment abroad during the period from 1.3.1993 till 18.2.2004. He rejoined duty on 19.2.2004. Complaining that after he rejoined duty, about 100 persons who were his juniors as per the dates of entry into service were promoted as Station Masters and Inspectors, he approached this court filing W.P.C.No.2556 of 2007. This court under Ext.P5 judgment declared that the petitioner is entitled for full seniority after he rejoined duty. It was also declared that he is entitled for promotion as Station Master just before his immediate junior one Jayaram and further to the post of Inspector on the basis of Ext.P1 seniority list. This court directed the respondents to grant promotion to the petitioner on the basis of the said declaration. The petitioner complains that though he has been given promotion under Ext.P6, the declaration in Ext.P5 has been ignored.

2. Adv.Mr.Johnson P.John, Standing Counsel takes notice on behalf of the K.S.R.T.C.

3. Mr.M.V.Thamban, counsel for the petitioner impugns Ext.P6 W.P.C.No. 9654/07 - 2 - order on the ground that the same denies promotion to the petitioner with retrospective effect and against the directions given by this court under Ext.P5 judgment. Counsel further submits that this court in Ext.P3 judgment clearly laid down that there is a distinction between the time bound higher grade promotions and cadre promotions and the same has been ignored while passing Ext.P6 order. I find force in the submissions of Mr.Thampan. Mr.Johnson P.John, Standing Counsel for the K.S.R.T.C. submits that of late the K.S.R.T.C. is issuing orders following the directions in Ext.P3 judgment. According to him, Ext.P6 is only a provisional order and needful will be done. Under these circumstances, I dispose of the Writ Petition declaring that not granting promotion to the petitioner with effect from 2.3.2005 as Station Master and from 9.11.2005 as Inspector Gr.II is wrong and the petitioner will have to be given promotions as Station Master and Inspector Gr.II with effect from those dates themselves. Needful will be done by the respondents amending Ext.P6 in the light of the above declaration within six weeks of receiving a copy of this judgment. It is needless to mention that once Ext.P6 is amended as directed above, consequential monetary benefits will be released to the petitioner without delay.

srd PIUS C.KURIAKOSE, JUDGE

W.P.C.No. 9654/07 - 3 -


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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