IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 3055 of 2001(L)
1. V.RAMACHANDRAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.C.P.SUDHAKARA PRASAD
For Respondent :SRI.KPG.MENON
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :06/06/2007
O R D E R
KURIAN JOSEPH, J.
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O.P.No.3055 of 2001
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Dated this the 6th day of June, 2007
JUDGMENT
The issue raised in this writ petition pertains to the application of
the Special Rules dated 16-10-1962. There arose a vacancy in the
post of Assistant Town Planner on 1-4-2000 under the second
respondent. According to the petitioner since the 1962 Rules were
governing the field at the relevant time the promotion should have
been effected only based on those Rules. It is now settled law that the
application of the Rules should be with reference to the date of
occurrence of the vacancy and not the date on which the promotion as
such is effected. Since as on the date of the occurrence of the vacancy
1962 Rules were in force, the promotion to the post of Assistant Town
Planner has to be effected based on those Rules only. There will be a
direction to the second respondent to take appropriate action in the
matter of promotion only in the light of the declaration made as above.
The needful shall be done within a period of three months from the
date of production of a copy of the judgment.
The writ petition is disposed of as above.
(KURIAN JOSEPH, JUDGE)
ahg.
KURIAN JOSEPH, J.
O.P.NO.3055/2001
JUDGMENT
6th June, 2007