Allowed

T.K.Skariah v. the K.S.R.T.C

Kerala HC1 Mar 2007WP(C)/4684/2007

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the K.S.R.T.C.'s refusal to include his leave without allowance period in service seniority. The High Court directed the Corporation to consider the representation and decide on the promotion claim within one month.

What did the court decide?

Respondents directed to take up Ext.P6 immediately, consider it based on prior judgments, and decide on promotion within one month.

T.K.Skariah Vs the K.S.R.T.C — Pension and Retirement Benefits | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 1ST MARCH 2007 / 10TH PHALGUNA 1928 WP(C).No. 4684 of 2007(G) -------------------------

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PETITIONER: -------------

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T.K. SKARIAH, S/O.THOMAS KURIAKOSE, THENGELIMANNIL HOUSE, VALLAMKULAM EAST P.O., THIRUVALLA (MECHANIC SPECIAL GRADE), DISTRICT TRANSPORT OFFICE, KERALA STATE TRANSPORT CORPORATION, THIRUVALLA.)

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BY ADV. SRI.S.SUBHASH CHAND

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RESPONDENTS:

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THE KERALA STATE ROAD TRANSPORT CORPORATION, OFFICE OF THE KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR.

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THE CHAIRMAN & MANAGING DIRECTOR, OFFICE OF THE CHAIRMAN & MANAGING DIRECTOR, THE KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM.

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THE DISTRICT TRANSPORT OFFICER, OFFICE OF THE DISTRICT TRANSPORT OFFICER, THIRUVALLA.

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P.I. VARGHESE, MECHANIC (SPECIAL GRADE) DT OFFICE, KOTTARAKARA.

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R1 TO R3 BY ADV. SRI.K. PRABHAKARAN, SC, K.S.R.T.C.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE, J.

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W.P.(C) No. 4684 OF 2007

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Dated this the 1^st day of March, 2007

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JUDGMENT

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Heard Sri. Subhash Chand, learned counsel for the petitioner and Sri.K. Prabhakaran, Standing Counsel.

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The grievance of the petitioner is that the K.S.R.T.C is not prepared to take into account the entire duration of his service and seniority including the period of leave without allowance availed by him for taking up employment abroad. I find force in the submission of Sri.Subhash Chand that the issue is squarely covered by several judgments of this Court including my own judgment-Ext.P4 and Ext.P5 judgment of the Division Bench. I do not find any reason as to why the reliefs sought for by the petitioner in Ext.P6 representation should not be granted by the respondents.

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Under these circumstances, this Writ Petition will stand disposed of directing the respondents to take up Ext.P6 immediately, consider the same in the light of the principles laid down in Exts.P4 and P5 judgments and take a decision on Ext.P6 at the earliest and at any rate within one month of receiving copy of this judgment. Once decision is taken, petitioner will be informed of the same. It is needless to remind the respondents that once the claim of the petitioner is upheld, he will

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WPC No.4684/2007

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have to be granted regular promotion from the post of Mechanic(Special Grade) to the post of Charge-man.

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PIUS C. KURIAKOSE, JUDGE

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btt

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WPC No.4684/2007

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T.K.Skariah v. the K.S.R.T.C

Case brief

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T.K.Skariah v. the K.S.R.T.C

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