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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 2006Dated 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 2006JUDGMENT
11th December, 2006.
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