IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8524 of 2009(I)
1. V.M.MOHAMMED KOYA,ASST.GRADE-1,
... Petitioner
2. V.ANILKUMAR,ASST.GRADE-I,
3. GRACYKUTTY I.,ASST.GRADE-I,
4. S.SURAJ,ASST.GRADE-I,
Vs
1. STATE OF KERALA,
... Respondent
2. THE MANAGING DIRECTOR,
For Petitioner :SRI.R.S.KALKURA
For Respondent :SRI.M.K.CHANDRA MOHANDAS
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :24/07/2009
O R D E R
K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
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W.P.(C) No. 8524 OF 2009
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Dated this the 24th day of July, 2009
J U D G M E N T
~~~~~~~~~~~
Balakrishnan Nair, J.
The petitioners are Assistant Grade-I working under the
2nd respondent Corporation. They submit, their turn for
promotion as Junior Superintendent arose, but, they are not
being considered for promotion for the reason that the seniority
list of Assistant Grade-I is under challenge before this Court.
According to the writ petitioners, the same is not a ground for
not considering their claim for promotion.
2. We heard the learned Standing Counsel for the 2nd
respondent. According to the 2nd respondent, who is the
Managing Director of the Kerala State Development
Corporation for Scheduled Caste/Scheduled Tribes Ltd., the
seniority list, based on which, the petitioners claim promotion is
under challenge before this Court in several writ petitions. In
W.P.(C)No.34000/2008, there is an interim stay against
W.P.(C) No.8524/2009 2
reversion of the writ petitioner in that case. It is also pointed out
that in W.A.No.2388/2005 there is an interim order to the effect
that the operation of the seniority list will be subject to the
outcome of the Writ Appeal. It is also pointed out that in the
connected Writ Petitions also, there are similar orders that the
promotions, if any, made relying on the impugned seniority list
will be subject to the result of the concerned Writ Petition.
Therefore, the learned Standing Counsel submitted that
promotions cannot be ordered now.
3. Every incumbent in service aspire for promotion to
the higher post as and when his turn arises. If, the same is not
considered, appropriately, at the appropriate time, irreparable
injury will be caused to them. When promotions are ordered,
belatedly, in most of the cases, backwages are not paid and the
same is denied on the principle of ‘No work, no pay’. The orders,
in the Writ Appeal and connected Writ Petitions, that the
promotions will be subject to the result of the Writ Appeal and
the Writ Petitions do not stand in the way of considering the
claim of the writ petitioners along with that of other claimants,
W.P.(C) No.8524/2009 3
for promotion. But, for promoting them, the writ petitioner in
W.P.(C) No.34000/2008 cannot be reverted, in view of Ext.P12
interim order in that Writ Petition. So, the 2nd respondent is
directed to consider the claim of the writ petitioners and the
similarly placed persons for promotion to the post of Junior
Superintendent/Assistant Accounts Officer, in accordance with
law, within one month from the date of production/receipt of a
copy of this judgment and promote the persons found eligible.
It is clarified that the promotion, if any, granted to the writ
petitioners or other persons pursuant to this judgment will not,
in any way, affect the contentions of the parties to
W.A.No.2388/2005 or the connected Writ Petitions, challenging
the seniority list of Assistant Grade-I.
The Writ Petition is disposed of as above.
(K.BALAKRISHNAN NAIR, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ps