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2015 Supreme(Ker) 4

DAMA SESHADRI NAIDU
K. Ibrahimkutty – Appellant
Versus
Chairman & Managing Director, Kerala State Road Transport Corporation, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner:K.P. Justine (Karipat), Advocate.
For the Respondents:M.G.K. Nambiar, SC, Thushara James, Advocate.

Judgment

Introduction:

1. In all the writ petitions similar issues have been raised by identically placed employees against their common employer, the Kerala Road Transport Corporation (KSRTC). As such, it is felt desirable to dispose of all the writ petitions through a common judgment. For ease of reference and convenience, the facts as pleaded in W.P.(C) No.7813/2014 have been taken as the basis, apart from referring to the petitioner therein alone as representing the cause of all the petitioners in other writ petitions as well. Factual Matrix:

2. To begin with, the factual matrix runs in a narrow compass. The petitioner, a conductor in the respondent Corporation, initially secured his employment on the advice of the Kerala Public Service Commission (PSC) with a rank of 3002. After completing his probation, the petitioner availed himself of Leave Without Allowance (LWA) with effect from 15.11.2008 to 06.10.2010 for the purpose of securing employment abroad. Later, he rejoined duty on 07.10.2010.

3. After his rejoining, when the petitioner was hopeful that he had been back in the mainstream of the service and that he would be provided timely promotion, much to his dismay, the respon




























































































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