K.R.UDAYA KUMAR versus STATE OF KERALA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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K.R.UDAYA KUMAR v. STATE OF KERALA - WA No. 2072 of 2006 [2006] RD-KL 3057 (11 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 2072 of 2006()

1. K.R.UDAYA KUMAR,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. DIRECTOR OF TECHNICAL EDUCATION,

For Petitioner :SRI.K.L.NARASIMHAN

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.

W.A.No.2072 of 2006

Dated this the 11th day of December, 2006.

JUDGMENT

Abdul Gafoor, J.

Even going by the case of the writ petitioner/appellant, three vacancies had arisen before his retirement on 31.5.1999 in the category of Joint Director. But, it is an admitted case that those vacancies had never been filled up and that none of his junior has been promoted. In such circumstances, there arises no question of infraction of his right under Article 16 of the Constitution of India, at any point of time. Merely because there were vacancies, one does not acquire a right to be promoted. Only when the appointing authority intends to fill it up, the necessity to fill it up with the eligible incumbent arises.  W.A.NO.2072/06 Therefore, we find no reason to interfere with the finding of the learned single Judge. 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.

W.A.No.2072 of 2006

JUDGMENT

11th December, 2006. 

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