High Court Kerala High Court

Kerala State Road Transport … vs K.Cheriya Mohammed on 11 December, 2006

Kerala High Court
Kerala State Road Transport … vs K.Cheriya Mohammed on 11 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 1987 of 2006()


1. KERALA STATE ROAD TRANSPORT CORPORATION,
                      ...  Petitioner
2. THE EXECUTIVE DIRECTOR(ADMN.),

                        Vs



1. K.CHERIYA MOHAMMED,
                       ...       Respondent

2. S.BALACHANDRAN, ASSISTANT WORKS MANAGER,

3. N.SATHYASEELAN, ASSISTANT WORKS MANAGER,

                For Petitioner  :SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.A.ABDUL GAFOOR
The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :11/12/2006

 O R D E R
                    K.A.ABDUL GAFOOR &

                    K.R.UDAYABHANU, JJ.

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                     W.A.No.1987 of  2006

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       Dated this the 11th day of December, 2006.



                         JUDGMENT

Abdul Gafoor, J.

It is an admitted case by the appellant

before us that the Departmental Promotion

Committee has met on 1.2.2001 and 6.2.2001.

There is no case for the appellant that the writ

petitioner was not a senior-most incumbent, nor

that he was, in any way, unsuitable for the post in

question. Necessarily, he was liable to be

promoted in any of the vacancies that had

occurred on 1.2.2001. No explanation in this

regard is offered. In such circumstances, the

direction given by the learned single Judge cannot

be stated to be unjustified. Clause 11 of Annexure

1 which deals with the review of the select list

does not have any relevance to be considered

W.A.NO.1987/06

:: 2 ::

when, at the threshold itself, the eligible

incumbent had never been considered.

Writ appeal fails, dismissed.

Sd/-

(K.A.ABDUL GAFOOR)

JUDGE

Sd/-

(K.R.UDAYABHANU)

JUDGE

sk/

//true copy//

P.S.to Judge.

K.A.ABDUL GAFOOR &

K.R.UDAYABHANU, JJ.

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W.A.No.1987 of 2006

JUDGMENT

11th December, 2006.

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