IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 11805 of 2010(A) -------------------------- PETITIONER(S): --------------- 1. G.RADHAKRISHNAN NAIR, AGED 48 YEARS, S/O.GOPALAN NAIR, WORKING AS EXCISE GUARD, EXCISE RANGE OFFICE, PALA,KOTTAYAM DISTRICT, RESIDING AT NADUVILEDATHU KRISHNA PRIYA, PUTHUPPALLY PO, KOTTAYAM DISTRICT. 2. RAHUL RAJ,AGED 38 YEARS,S/O.P.K.RAJAPPAN WORKING AS EXCISE GUARD,EXCISE RANGE OFFICE, PALA RESIDING AT PULLIKKAKUZHIYIL HOUSE,KIZHAKKEN MATTOM POST, MELUKAVU, KOTTAYAM DISTRICT. 3. P.M.MAJEED,AGED 52 YEARS,S/O.ABDUL KADER WORKING AS EXCISE GUARD,EXCISE RANGE OFFICE, KOTTAYAM, RESIDING AT PIONEER HOUSE, PARAUMPUZHA PO, KOTTAYAM DISTRICT. 4. G.KISHORE, AGED 37 YEARS,S/O.P.K.GOPALAN WORKING AS EXCISE GUARD,K.S.B.C.WAREHOUSE, KOTTAYAM, RESIDING AT SAI VIHAR, PAKKIL PO, KOTTAYAM DISTRICT. 5. P.J.XAVIOR, AGED 52 YEARS,S/O.P.S.JAMES WORKING AS EXCISE GUARD,EXCISE CIRCLE OFFICE, PONKUNNAM, RESIDING AT PUTHUVELIL HOUSE, PONKUNNAM PO, KOTTAYAM DISTRICT. 6. P.S.RAVINDRAN NAIR, AGED 49 YEARS, S/O.P.G.SREEDHARAN NAIR, WORKING AS EXCISE GUARD, EXCISE RANGE OFFICE, PALA, RESIDING AT POOVAKULATHU PARAMBIL, VIYALA PO, KOTTAYAM DISTRICT. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM. BY SRI. ARVIND KUMAR BABU, LEARNED GOVERNMENT PLEADER, R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 11805 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2010 J U D G M E N T The petitioners are Excise Guards. According to them there are vacancies in the post of Preventive Officers in Kottayam Division and they are fully qualified and as such, entitled for being considered for promotion. Based on their seniority, the respondents are bound to consider them for the post of Preventive officers in Kottayam District, it is submitted. The petitioners cannot, as a matter of right, claim for promotion merely on account of existence of vacancies and possession of prescribed qualifications by them as what is constitutionally guaranteed is only a right for being considered for promotion. Therefore, this writ petition is disposed of with a direction to the first respondent to consider the claims of the petitioners at the time of effecting promotions to the post of Preventive Officers in Kottayam Division, on regular or temporary basis, subject to their eligibility and seniority, in accordance with law. (C.T. RAVIKUMAR, JUDGE) jma