Dismissed

Muhammed Shajahan U. v. Kerala State Road Transport Corporation

Kerala HC24 Jul 2017WP(C)/4983/2016

Case brief

AI extract

What is this about?

This writ petition challenges a 2013 order that reportedly reduced the petitioner's rank in the KSRTC service list after he availed leave abroad without allowance. The High Court does not decide the merits but instead directs the Corporation to provide an opportunity for the petitioner to present his case to the Managing Director.

What did the court decide?

Petitioner directed to submit a representation regarding the grievance within two weeks for consideration by the Managing Director.

Muhammed Shajahan U. Vs Kerala State Road… — Pension and Retirement Benefits | Kerala HC (2017)

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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 SHAJI P.CHALY

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MONDAY, THE 24TH DAY OF JULY 2017/2ND SRAVANA, 1939

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WP(C).No. 4983 of 2016 (W)

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PETITIONER :

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MUHAMMED SHAJAHAN U. S/O. UNUSKUNJU, IRFANA MANZIL, VERUVALLY BHAGOM, KAYAMKULAM, (MECHANIC, KSRTC DEPOT, KOTTAYAM).

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BY ADVS.SRI.T.P.PRADEEP

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SRI.P.K.SATHEES KUMAR

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RESPONDENTS :

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1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM - 695 023.

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2. THE EXECUTIVE DIRECTOR (ADMINISTRATION) KSRTC, THIRUVANANTHAPURAM - 695 023.

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3. DISTRICT TRNASPORT OFFICER

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KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM.

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R1 TO R3 BY T.P.SAJAN,S.C, (B/O)

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BY SRI.M.GOPIKRISHNAN NAMBIAR, SC,

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4983 of 2016 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1: -	TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER.
P2: -	TRUE COPY OF THE ORDER NO. E1-669/09/RW MVKA DT. 22.5.2009.
P3: -	TRUE COPY OF THE MEMORANDUM DT. 29.6.2011.
P4: -	TRUE COPY OF THE MEMORANDUM NO. PL-18-927/12 DT. 27.03.2013.
P5: -	TRUE COPY OF THE APPENDIX XII A OF KSR PART 1 OF KERALA SERVICE RULES.
P6: -	TRUE COPY OF THE PROCEEDINGS NO.PLA 100- 01575/84/R.DIS DT. 21.08.1984.
P7: -	TRUE COPY OF PAGE NO.7 & 8 OF THE GRADE PROMOTION RULES.
P8: -	TRUE COPY OF THE CIRCULAR NO. PL7-000175/2010 DT. 06.07.2010 ISSUED BY THE RESPONDENTS.

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RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY//

P.A. TO JUDGE

SHAJI P. CHALY, J.

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W.P.(C). No. 4983 OF 2016

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Dated this the 24^th day of July, 2017

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JUDGMENT

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Petitioner is working as a mechanic in the first respondent Corporation at its Depot at Kottayam. He was sanctioned with leave without allowance on 23.05.2009 for employment abroad as per Ext.P2 for a period of five years. However, he was re-admitted to duty with effect from the forenoon of 29.06.2011 on his request after cancelling the unavailed portion of the leave without allowance, evident from Ext.P3. It is the contention of the petitioner that at the time of availing leave, rank number of the petitioner was 180 in the gradation list. But his original rank was reduced to 854 B on the ground of availing leave without allowance for employment abroad, as per Ext.P4. It is thus aggrieved by Ext.P4 on the ground that the cancellation of the part of the period of the leave sanctioned was not taken into account, this writ

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petition is filed seeking appropriate directions to the respondent Corporation.

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W.P.(C). No. 4983 of 2016

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Having heard learned counsel for the petitioner, learned Standing Counsel appearing for the Corporation and perusing the pleadings and the documents on record, I think it is only appropriate that the writ petition is disposed of by providing an opportunity to the petitioner to represent the case put forth in this writ petition before the Managing Director of the Corporation. Accordingly, the petitioner is directed to submit a representation against Ext.P4 gradation list prepared within two weeks from the date of receipt of a copy of this judgment, which shall be considered by the Managing Director of the Corporation, within one month thereafter, after providing an opportunity of hearing to the petitioner and any other interested persons.

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Writ petition is disposed of, accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Muhammed Shajahan U. v. Kerala State Road Transport Corporation

Case brief

What is this about?

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Muhammed Shajahan U. v. Kerala State Road Transport Corporation

Case brief

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