IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 4298 of 2010(J) 1. N.NJANADAS, ASSISTANT DEPOT ENGINEER, ... Petitioner Vs 1. KERALA STATE ROAD TRANSPOR CORPORATION, ... Respondent 2. EXECUTIVE DIRECTOR (OPERATIONS) & 3. V.K.SHAMEER, DEPOT ENGINEER, KSRTC, For Petitioner :SRI.K.P.RAJEEVAN For Respondent : No Appearance The Hon'ble MR. Justice ANTONY DOMINIC Dated :04/03/2010 O R D E R ANTONY DOMINIC, J. ================ W.P.(C) NO. 4298 OF 2010 (J) ===================== Dated this the 4th day of March, 2010 J U D G M E N T
Petitioner is an Assistant Depot Officer in the KSRTC aspiring
for promotion to the post of Depot Officer in the quota earmarked
for promotees. According to the petitioner, although he has been
included in Ext.P1 seniority list as No.1, he has not been promoted
despite existence of vacancies. It is with this grievance, the writ
petition has been filed.
2. Standing counsel has obtained instructions in the
matter. It is submitted that the post is to be filled up in the ratio
of 1:1 by direct recruitment and by promotion. It is stated that
although petitioner is No.1 in the seniority list of those in the
feeder category, as at present, there is no sanctioned post
available in the promotion quota and it was therefore that the
petitioner’s claim has not been considered. It is also submitted
that as and when the vacancies are filled up, the claim of the
petitioner will be duly considered.
3. A person who has been included in the select list or in
the seniority list has no indefeasible right to be appointed or
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promoted, but can only insist that as and when candidates are
considered for promotion, his claim should be duly considered. It
is also the position in law that despite availability of vacancies, it
is up to the employer to decide as to whether the vacancies are to
be filled up or not, and Court cannot compel the employer to
promote candidates from feeder category ignoring the
requirements of the establishment.
In this case, although the petitioner is No.1 in the seniority
list, he can claim to be considered only when the KSRTC decides
to fill up the vacancies in the promotion quota. This is yet to be
done and therefore directing that as and when vacancies are filled
up in the quota earmarked for promotees to the post of Depot
Officer, petitioner’s claim on the basis of Ext.P1 will be duly
considered, this writ petition is disposed of.
ANTONY DOMINIC, JUDGE
Rp