IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WA.No. 1467 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25034/2009 Dated 23/07/2010 .................... APPELLANT(S): PETITIONERS ------------------------- 1. GURUVAYUR DEVASWOM EMPLOYEES' ASSOCIATION, GURUVAYUR, REP. BY ITS SECRETARY, SRI. C.V.VIJAYAN. 2. R.K.GOPALAKRISHNAN, SUPERINTENDENT, GURUVAYUR DEVASWOM, GURUVAYUR. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): RESPONDENTS -------------------------- 1. GURUVAYUR DEVASWOM MANAGING COMMITTEE, REPRESENTED BY ITS ADMINISTRATOR. 2. THE ADMINISTRATOR, GURUVAYUR DEVASWOM MANAGING COMMITTEE. 3. SRI. P.SANKUNNI RAJA, ASSISTANT MANAGER, GURUVAYUR DEVASWOM. BY SC SRI. V. KRISHNA MENON THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No. 1467 of 2010 -------------------------------------------- Dated this the 2nd day of September, 2010 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against the judgment of the learned single Judge rejecting appellants' challenge against promotion given to the third respondent as Asst. Manager in the Guruvayur Devaswom. The specific case of the appellants is that third respondent has not passed the test qualification for Accounts and so much so, he is not eligible for promotion. However, the finding in the impugned judgment is that qualification for promotion to the post of Asst. Manager itself is not changed vide amendment dated 8.7.2003 which was made effective from 19.7.1990. The specific finding of the learned single Judge is that Asst. Manager is to be filled up from the post of UD clerk or Devaswom Inspector. Admittedly prior to the promotion to the cadre of Asst. Manager, third respondent was holding the post of UD Clerk. Appellants have no case that third respondent was ineligible to be appointed as UD clerk, which post third respondent was holding prior WA 1467 of 2010 2 to his promotion to the post of Asst. Manager, and so much so the challenge if any against promotion should be made based on violation of seniority or other relative merits or similar claims of similar candidates in the UD cadre or Devaswom Inspector cadre. We therefore do not find any merit in the Writ Appeal and the same is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WA 1467 of 2010 3