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2017 Supreme(Ker) 1179

P.N.RAVINDRAN, P.B.SURESH KUMAR, P.SOMARAJAN
SHAJI SANJAYI NOTTITHODI – Appellant
Versus
MANAGING DIRECTOR – Respondent


Advocates Appeared:
For the Petitioner:Sri. K. Jaju Babu (Sr.) and Sri. K.P. Justine (Karipat), Advocates.
For the Respondent:Dr. Thushara James, SC, KSRTC and Sri. T.S. Sarath, Sri. A. Nizamuddin, Advocate.

JUDGMENT :

P.B. SURESH KUMAR, J.

1. The above batch of writ appeals have been placed before this Full Bench on a reference by a Division Bench. The issue that falls for consideration is whether the employees of the Kerala State Road Transport Corporation ('the Corporation') who rejoin duty after availing Leave Without Allowances for taking up employment elsewhere would lose cadre seniority impairing their right to claim cadre promotion. The issue was answered in the affirmative by a learned Single Judge in a batch of writ petitions. Writ Appeal No.302 of 2014 is preferred by the employee concerned in one of the said writ petitions challenging the said decision of the learned Single Judge. The issue was answered in the negative by another learned Single Judge in another batch of writ petitions. Writ Appeal Nos.936, 1044, 1128, 1147, 1165, 1244, 1274, 1345, 1349, 1355, 1363, 1438, 1451, 1491 & 1617 of 2015 are preferred by the Corporation challenging the decision of the learned Single Judge in the said batch of cases. Writ Appeal No.566 of 2014 is one preferred by the Corporation challenging the decision of yet another learned Single Judge wherein also the issue was answered in the neg
















































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