GHOSH K.V. Vs. MANAGING DIRECTOR, KSRTC

JUDGEMENT

(1.) THE impugned judgment rendered by the learned Single Judge does not reflect the facts of the case of the appealing writ petitioner in WP (C) No. 21080 of 2012 which proceeds to decide certain issues of law. We, therefore, leave it appropriate to state the basic facts required to decide this case. Appellant was appointed as a Driver in KSRTC on 22/07/2000 having been advised for such appointment by the Public Service Commission. After satisfactory completion of probation, he availed Leave Without Allowances (LWA) and went for employment abroad which is in accordance with the terms of Appendix XIIA to Part I KSR and in tune with KSRTC order dated 21/08/1984 which is in pari materia with the terms of Appendix XIIA. He availed that leave on 10/01/2008 and rejoined duty on 01/09/2010. Thereafter, he was issued a memo stating that his seniority will be reduced from Rank No. 1579 to 6483 (B) on the ground of availing LWA for employment abroad. The question is whether such deprivation of seniority in the grade in which the appellant was working while he was granted LWA is permissible.

(2.) BOTH sides rely on the same materials, i.e., Appendix XIIA and the aforenoted Board order. What is relevant is paragraph 3 of the aforenoted Board order dated 21/08/1994. That reads as follows: