IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 12624 of 2005(C) -------------------------------------- PETITIONER: ----------------- G.SOMASEKHAR, DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGADU, THIRUVANANTHAPURAM RURAL. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE (KERALA), THIRUVANANTHAPURAM. 3. THE DEPARTMENT PROMOTION COMMITTEE (HIGHER POLICE DEPARTMENT), REPRESENTED BY ITS CONVENOR COMMISSIONER AND SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).12624/2005-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FAX MESSAGE DATED 14/04/2000 REGARDING RECOMMENDATIONS FOR UN DEPLOYMENT. EXT.P2: COPY OF THE GOVERNMENT ORDER NO.GO(Rt)92/2000/P & ARD DATED 22/04/2000. EXT.P3: COPY OF THE GAZETTE NOTIFICATION NO.47702/A2/2000/HOME DATED 22/02/2001. EXT.P4: COPY OF THE REMARKS OF THE 2ND RESPONDENT DATED 01/12/2004. EXT.P5: COPY OF THE GOVT. ORDER NO.12947/A2/2005/HOME DATED 07/03/05. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.12624 of 2005 ---------------------------------------------- Dated 19th September, 2008. J U D G M E N T Challenge is on Ext.P5 order passed by the Government. The issue pertains to the claim made by the petitioner for ante-dated promotion. The contention is that he is entitled to get promotion from the date of occurrence of the vacancy. The date of occurrence of the vacancy, according to the petitioner is 1.11.2000. But the fact remains that against the said vacancy, the junior to the petitioner was promoted only on 3.3.2001 and the petitioner was given that date also with due seniority. For the mere reason that there existed a vacancy, the petitioner cannot claim, as of right, promotion to that vacancy. The petitioner has been given seniority and promotion with effect from the date of promotion of junior. That alone is permissible under Rule 143(b) of Part I K.S.R. Therefore, there is no merit in the writ petition. It is dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.12624 of 2005 ---------------------------------------------- J U D G M E N T Dated 19th September, 2008.