IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 32216 of 2007(I)
1. K.S.SARALADEVI,
... Petitioner
Vs
1. STATE OF KERALA REP.BY THE SECRETARY
... Respondent
2. THE TRANSPORT COMMISSIONER,
3. THE REGIONAL TRANSPORT OFFICER,
For Petitioner :SRI.K.RAMAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :12/11/2007
O R D E R
V. GIRI ,J.
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WP(C).NO.32216 of 2007
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Dated this the 12th day of November, 2007
JUDGMENT
Petitioner, who retired from service, had raised a claim for
promotion to the cadre of Joint Regional Transport Officer. It was
accepted in part as per Ext.P3 order by which the petitioner is
given notional promotion with effect from 9.11.2006 subject to the
condition that she will not be eligible for any arrears. Petitioner
sought for review of that portion by Ext.P4 which was rejected in
Ext.P5. Petitioner sought for information of the vacancy position
during the period from 1.4.2006 to 31.10.2006. In Ext.P6, it is
stated that there were four vacancies of Joint Regional Transport
Officer during the period from 1.4.2006 to 31.10.2006. Grant of
monitory benefits with reference to a prior date will depend upon
whether there were actually vacancies in the concerned posts, but
these posts were filled up by some other persons in relation to
whom the petitioner may have a better claim. In the
circumstances, petitioner’s claim for arrears will be re-considered
with reference to the vacancy position of Joint Regional Transport
Officer as is existed during the period from 1.4.2006 to
31.10.2006. Petitioner shall file a representation, indicating these
W.P.(C)32216/2007 -2-
aspects before the first respondent, within a period of month from
the date of receipt of a copy of this judgment. On the basis of the
vacancy position, it should be considered whether the petitioner
could have been promoted to the post of Joint Regional Transport
Officer in any one of the vacancies which existed during the said
period (provided it was available). If it is found that the petitioner
had been illegally denied promotion, then the petitioner would be
entitled to monetary benefits depending upon the date on which
she is given notional promotion. First respondent shall pass
orders in accordance with law within a period of four months
thereafter, after hearing the petitioner.
V. GIRI, JUDGE
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