IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 20585 of 2008(A) -------------------------- PETITIONER: ------------ 1. ROY THOMAS K SENIOR SUPERINTENDENT (ACCOUNTS) OFFICE OF THE DEPUTY TRANSPORT COMMISSIONER CENTRAL ZONE, ERNAKULAM. 2. KERALA MOTOR VEHICLES DEPARTMENT STAFF ASSOCIATION,THIRUVANANTHAPURM, REPRESENTED BY ITS GENERAL SECRETARY, SRI.THOMAS LUKOSE, WORKING AS HEAD ACCOUNTANT, TRANSPORT COMMISSIONERATE, THIRUVANANTHAPURAM BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONERATE, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR PROMOTION TO THE CATEGORY OF JOINT R.T.O.,REPRESENTED BY ITS CONVENOR PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20585/2008 -------------------- Dated this the 17th day of July, 2008 JUDGMENT The first petitioner, who is a Senior Superintendent in the Kerala Transport Service, is aggrieved by the manner in which vacancies to the post of Joint RTO, to be set apart in terms of the Special Rules for appointment by transfer from the Ministerial wing of the Transport Services is sought to be filled up. It is pointed out that Ext.P3 is the select list for the year 2008. 17 motor vehicle Inspectors and 8 senior Superintendents are included therein. Ten Motor Vehicle Inspectors are awaiting promotion. Whereas under the category of Senior Superintendent, five persons have already been promoted as Joint R.T.O. One person has relinquished his promotion and another person is facing disciplinary action. Therefore, only one person among Senior Superintendents is still available in the select list that is operative. It is apprehended that the vacancies available for the Senior Superintendents will be filled up by Motor Vehicles Inspectors by the operation of First Proviso to Rule 3(1) of the Special Rules. W.P.(C).20585/2008 2 2. It is further contended that while preparing the select list, the number of vacancies which are due to arise in the year 2008, were not taken note of by the DPC. There are five more vacancies, in the post of Joint R.T.O that will be available for the Ministerial Wing even in 2008, it is contended. If that be so, the select list for the year 2008 should have included further number of persons from the Ministerial Wing. 3. I find force in the submission. No doubt the proviso permits the Motor Vehicle Inspectors to be promoted and posted against the vacancies which, as per the ratio 2:1, should normally go to the Ministerial Wing. But a situation ought not to be created by which the proviso is operative in spite of the fact that there would be persons available in the Ministerial Wing who are suitable to be considered for promotion to the post of Joint R.T.O. W.P.(C).20585/2008 3 4. In the circumstances. there will be a direction to the third respondent to convene an adhoc DPC (Higher) for promotion to the category of Joint R.T.O) within one month from today. Second respondent shall make available to the third respondent the names of such among the Senior Superintendents who are otherwise eligible to be considered for promotion to the post of Joint R.T.O. DPC shall consider such persons and forward their names to the Government which shall publish an additional select list for the post of Joint R.T.O for the year 2008. In the course of preparing the additional select list, it is open to the DPC to include other eligible persons who are working as Motor Vehicle Inspectors, going by the cadre strength and ratio of 2:1 between the Motor Vehicle Inspectors and Senior Superintendents. The whole process shall be completed within a period of two months from the date of receipt of a copy of this judgment. Further promotion to the post of Joint R.T.O, against the vacancies which are otherwise available W.P.(C).20585/2008 4 for Senior Superintendents, shall be effected only after the publication of the select list in the manner aforementioned. Writ petition is disposed of as above. V.GIRI, Judge mrcs