IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 18328 of 2008(F) -------------------------- PETITIONER: ------------ D.RAJU ,S/O.DIVAKARAN, AGED 54 YEARS RESIDING AT MULLASSERIL HOUSE, S.L.PURAM CHERTHALA TALUK, WORKING AS GRADE I.M. STEEL INDUSTRIALS KERALA LTD. S.N.PURAM, CHERTHALA. BY ADV. SRI.G.SUKUMARA MENON SMT.DEEPTHI S.MENON RESPONDENT: ------------- STEEL INDUSTRIALS KERALA LTD REPRESENTED BY ITS MANAGING DIRECTOR, ATHANI PO THRISSUR. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN SC FOR R1 SRI.B.S.KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).18328/2008 -------------------- Dated this the 25th day of July, 2008 JUDGMENT Petitioner is a Skilled workman Grade-I (Master) in the respondent Company. He aspires for promotion to the post of Junior Executive Grade (Assistant Engineer). Same is a selection post. Pursuant to the direction issued by this Court earlier, vide Ext.P3 judgment, first respondent was directed to consider the petitioner's case for promotion to the post of Assistant Engineer in the next arising vacancy as and when the selection committee is constituted in future. Going by the counter affidavit filed by the first respondent, petitioner was considered but was not selected. Paragraph 6 of the counter affidavit reads as follows:- It is true that a vacancy has arisen in the post of Assistant Engineer due to the retirement of Sri.A.Syed Mohammed. But having due regard to the Financial and other aspects of this respondent, there is no proposal to fill up the vacancy in the post of W.P.(C).18328/2008 2 Assistant Engineer. This is more so, since a restructuring proposal is under active consideration. Even otherwise, Ext.P3 judgment does not confer any absolute right of promotion to the petitioner. It is submitted that the petitioner would be considered, if he is otherwise eligible, as and when the next selection committee is constituted to effect promotion in the post of Assistant Engineer. In the circumstances, the only direction called for is one to the respondent to consider the petitioner also for promotion to the post of Assistant Engineer as and when the said vacancy is filled up. It is ordered accordingly. Writ petition is disposed of as above. V.GIRI, Judge mrcs