R. Ajayakumar vs Travancore Devaswom Board on 23 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12808 of 2008(Y)


1. R. AJAYAKUMAR, KAZHAKOM
                      ...  Petitioner

                        Vs



1. TRAVANCORE DEVASWOM BOARD
                       ...       Respondent

                For Petitioner  :SRI.PIRAPPANCODE V.S.SUDHIR

                For Respondent  :SRI.NAGARAJ NARAYANAN, SC, TDB

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :23/05/2009

 O R D E R
                             S.SIRI JAGAN, J.
                        ==================
                         W.P(C).No.12808 of 2008
                        ==================
                  Dated this the 23rd day of May, 2009
                              J U D G M E N T

The petitioner is aggrieved by denial on the part of the

respondent in giving the petitioner appointment as a driver pursuant

to a selection made in 2002. The petitioner’s contention is that another

person mentioned in Ext.P1, who is junior to the petitioner, has been

given appointment in preference to the petitioner, which is illegal.

A counter affidavit has been filed by the respondent to the effect

that although the petitioner was included in the preliminary list as rank

No.14, in the final list he did not find a place whereas the person

mentioned in Ext.P1 was included as rank No.8 and when vacancies

arose subsequently, he was given appointment. Although the

petitioner has filed a reply affidavit, he could not effectively controvert

the said contention in the counter affidavit. In so far as the

appointment of the other person is based on his rank in the rank list

and the petitioner did not find a place in the rank list, the petitioner is

not entitled to the relief prayed for in this writ petition. Accordingly,

this writ petition is dismissed.

Sd/-

sdk+                                               S.SIRI JAGAN, JUDGE
          ///True copy///

                               P.A. to Judge