SHAJI SANJAYI NOTTITHODI Vs. MANAGING DIRECTOR

JUDGEMENT

(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 negative.

(2.) When the writ appeals came up for hearing, the Division Bench noticed that in Krishna Warrier Vs. Devendran [2005 (4) KLT short note 51] and in W.A.No.1810 of 2013, in the case of employees of the Corporation, Division Benches of this Court affirmed the view taken by the learned Single Judge in the batch of cases from which W.A.Nos.936 of 2015 and connected cases arise and in Abdul Razak Vs. State of Kerala [2006 (1) KLT 818], in the case of a Government employee governed by identical rules, another Division Bench took the view that merely for the reason that the seniority of a person who avails Leave Without Allowances is protected as against juniors who are not promoted to the higher cadre by virtue of the provisions contained in Appendix XIIA to Part I Kerala Service Rules (KSR), he is not entitled to reckon the said period for the purpose of claiming higher grades in the cadre. It was also noticed by the Division Bench that in State of Kerala Vs. Thomas [2015 (1) KLT 863], a Full Bench of this Court took the view that the period of Leave Without Allowances availed by private college teachers for taking up employment elsewhere cannot be reckoned for placement under the Scheme of the University Grants Commission ('UGC Scheme'). In the light of the conflicting views aforesaid, the Division Bench felt it appropriate to refer the issue for adjudication by a Full Bench. The reference aforesaid was made in the above background.

(3.) Heard the learned Senior Counsel Sri. Jaju Babu for the employees of the Corporation and the learned Standing Counsel Dr. Thushara James for the Corporation.