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Kerala High Court
N.Njanadas vs Kerala State Road Transpor … on 4 March, 2010
       

  

  

 
 
  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

WPC No. 4298/10
:2 :

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


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