Petitioner challenged denial of promotion to Watchman cum Peon post claiming age and cardiac ailment warranted out-of-turn promotion. Court held promotion depends on seniority, not age or illness, and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY ,THE 13TH DAY OF SEPTEMBER 2018 / 22ND BHADRA, 1940
WP(C).No. 25027 of 2018-C
PETITIONER/S:
K.BALACHANDRAN AGED 51 YEARS S/O.BHASKARAN, VADAKEKUNNATH HOUSE,VALAPPAD P.O.,THRISSUR - 680 567.
BY ADV. SRI.C.HARIKUMAR ADV. SRI.P.S.SIDHARTHAN ADV. SRI.RENJITH RAJAPPAN
RESPONDENTS:
1 COCHIN DEVASWOM BOARD
DEVASWOM BOARD BUILDING,ROUND NORTH, THRISSUR - 680 001,REPRESENTED BY ITS SECRETARY.
2 SPECIAL DEVASWOM COMMISSIONER COCHIN DEVASWOM BOARD,DEVASWOM BOARD BUILDING,ROUND NORTH,THRISSUR - 680 001.
OTHER PRESENT:
SRI.K.P.SUDHEER,SC ,CDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner is aggrieved by the denial of promotion to the
post of Watchman cum Peon.
WP(C).No. 25027 of 2018-C 2
2. The petitioner was originally working on daily wages. He was regularized as Counter Assistant. Petitioner submits that several persons similarly situated like him approached this Court and they were promoted as Watchman-cum-Peon and he is not being considered for promotion on the ground that he crossed 50 years. He therefore approached this Court in WP(C) No.25396 of 2017, which was disposed of as per Ext.P3 judgment directing the respondents to consider his representation. Thereafter Ext.P7 order was passed stating that the petitioner comes at serial no.41 in the seniority list and his claim for promotion is liable to be considered only after promotion of 40 persons ranked above him. Therefore the representation was rejected. The petitioner has challenged Ext.P7 order stating that he has undergone a cardiac surgery and therefore he is liable to be granted out of turn promotion. It is also his case that in case he is not granted promotion at this stage, he will not get any opportunity before his retirement to work as Watchman-cum-Peon.
Promotion can be granted only on the basis of seniority. The petitioner cannot claim promotion on the basis of his age or his ailment. The petitioner is therefore liable to wait for his turn. Therefore there is no reason to interfere with Ext.P7 order. Accordingly the writ petition is dismissed.
Sd/-
P.V.ASHA JUDGE
RKC
WP(C).No. 25027 of 2018-C
3
APPENDIX
EXHIBIT P1 : TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DT.01.03.2014
EXHIBIT P2 : TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DT.4.3.14 EXHIBIT P3 : TRUE COPY OF THE JUDGMENT IN WPC NO.25396/17 OF THIS HON'BLE COURT DT.1.8.17
EXHIBIT P4 : TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MOTHER HOSPITAL DT.9.2.18
EXHIBIT P5 : TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DT.21.6.17 EXHIBIT O6 : TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DT,3.2.18 EXHIBIT P7 : TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DT.6.2.18.
RESPONDENTS' EXHIBITS : NIL
2 issues framed by the court
Whether a government servant can claim promotion out of turn on the ground of age or ailment when promotion is based strictly on seniority?
Whether the order rejecting promotion due to seniority lists requires interference via writ jurisdiction?
K.BALACHANDRAN
COCHIN DEVASWOM BOARD
SPECIAL DEVASWOM COMMISSIONER COCHIN DEVASWOM BOARD
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
