G.Somasekhar vs The State Of Kerala on 19 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12624 of 2005(C)


1. G.SOMASEKHAR,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED
                       ...       Respondent

2. THE DIRECTOR GENERAL OF POLICE

3. THE DEPARTMENT PROMOTION COMMITTEE

                For Petitioner  :SRI.SUMAN CHAKRAVARTHY

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :19/09/2008

 O R D E R
                         KURIAN JOSEPH, J.
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                   W.P.(C) No.12624 of 2005
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                 Dated 19th September, 2008.
                           J U D G M E N T

Challenge is on Ext.P5 order passed by the

Government. The issue pertains to the claim made by the

petitioner for ante-dated promotion. The contention is that he is

entitled to get promotion from the date of occurrence of the

vacancy. The date of occurrence of the vacancy, according to the

petitioner is 1.11.2000. But the fact remains that against the said

vacancy, the junior to the petitioner was promoted only on

3.3.2001 and the petitioner was given that date also with due

seniority. For the mere reason that there existed a vacancy, the

petitioner cannot claim, as of right, promotion to that vacancy.

The petitioner has been given seniority and promotion with effect

from the date of promotion of junior. That alone is permissible

under Rule 143(b) of Part I K.S.R. Therefore, there is no merit in

the writ petition. It is dismissed.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

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W.P.(C) No.12624 of 2005

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J U D G M E N T

Dated 19th September, 2008.