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KERALA STATE ROAD TRANSPORT CORPORATION versus K.CHERIYA MOHAMMED

High Court of Kerala

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KERALA STATE ROAD TRANSPORT CORPORATION v. K.CHERIYA MOHAMMED - WA No. 1987 of 2006 [2006] RD-KL 3063 (11 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 1987 of 2006()

1. KERALA STATE ROAD TRANSPORT CORPORATION,
... Petitioner

2. THE EXECUTIVE DIRECTOR(ADMN.),

Vs

1. K.CHERIYA MOHAMMED,
... Respondent

2. S.BALACHANDRAN, ASSISTANT WORKS MANAGER,

3. N.SATHYASEELAN, ASSISTANT WORKS MANAGER,

For Petitioner :SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC

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.1987 of 2006

Dated this the 11th day of December, 2006.



JUDGMENT

Abdul Gafoor, J.

It is an admitted case by the appellant before us that the Departmental Promotion Committee has met on 1.2.2001 and 6.2.2001. There is no case for the appellant that the writ petitioner was not a senior-most incumbent, nor that he was, in any way, unsuitable for the post in question. Necessarily, he was liable to be promoted in any of the vacancies that had occurred on 1.2.2001. No explanation in this regard is offered. In such circumstances, the direction given by the learned single Judge cannot be stated to be unjustified. Clause 11 of Annexure 1 which deals with the review of the select list does not have any relevance to be considered W.A.NO.1987/06 when, at the threshold itself, the eligible incumbent had never been considered. 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.1987 of 2006

JUDGMENT

11th December, 2006.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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