High Court Kerala High Court

E.K.Ulahannan vs The Union Of India on 15 December, 2010

Kerala High Court
E.K.Ulahannan vs The Union Of India on 15 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP (CAT).No. 1170 of 2010(S)


1. E.K.ULAHANNAN, AGED 59 YEARS, S/O.KORA,
                      ...  Petitioner
2. SABU THOMAS, AGED 50 YEARS, S/O.(LATE)

                        Vs



1. THE UNION OF INDIA, REPRESENTED BY THE
                       ...       Respondent

2. THE DEVELOPMENT COMMISSIONER,

3. THE DEPUTY DEVELOPMENT COMMISSIONER,

                For Petitioner  :SRI.T.C.GOVINDA SWAMY

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY

 Dated :15/12/2010

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                       BHABANI PRASAD RAY, JJ.
               ....................................................................
                         O.P.(CAT) No.1170 of 2010
               ....................................................................
               Dated this the 15th day of December, 2010.

                                      JUDGMENT

Ramachandran Nair, J.

Heard counsel for the petitioners. Prayer in the O.P. is for

direction to respondents to give promotion to the petitioners as

Assistant Security Officers. On going through the Tribunal’s order, we

find that the qualification required for promotion is 8 years’ service as

Head Security Guard. Both the petitioners were promoted as Head

Security Guards in the year 2009 and obviously they don’t have the

experience to make them eligible for promotion to the post of Assistant

Security Officer. The petitioners’ case is that when there is no one

eligible to be promoted, the post could be filled up by dispensing with

the qualification. However, it is seen that respondents have appointed

eligible people on contract basis. We do not find anything irregular in

the respondents appointing eligible persons as Assistant Security

Officers on contract basis. So long as petitioners are not qualified,

they have no right to challenge contract employment at higher post.

2

We, therefore, agree with the view of the Tribunal and consequently

dismiss the O.P.(CAT).

C.N.RAMACHANDRAN NAIR
Judge

BHABANI PRASAD RAY
Judge

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