IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 21340 of 2010(N) -------------------------- PETITIONER(S): --------------- N.ABDUL KHADER, FORESTER, KALIKAVU FORES RANGE, KALIKAVU, NILAMBUR SOUTH DIVISION, NILAMBUR. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. PIN - 695 001. 3. THE CONSERVATOR OF FORESTS, EASTERN CIRCLE, OLAVAKKOD, PALAKKAD. PIN - 678 002. 4. P.JAYARAJAN, DEPUTY RANGER, KARUVARAKUNDU FOREST STATION, KALIKAVU RANGE, NILAMBUR SOUTH DIVISION, NILAMBUR 679 330. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21340 of 2010 (N) --------------------------------- Dated, this the 28th day of July, 2010 J U D G M E N T Petitioner is a Forester, aspiring promotion to the post of Deputy Ranger. 2. According to the petitioner, the post of Deputy Ranger is to be filled up by seniority only and that ignoring his seniority, 4th respondent was promoted by Ext.P3 order dated 30/06/2010. The petitioner submits that the DPC decided to supersede him for the reason that a disciplinary action is pending against the petitioner. The petitioner submits that since promotion to the post of Forest Ranger is not by selection, going by the provisions contained in Rule 28 (b)(iA)(ii) of Part-II, KS&SSR, he is entitled to be promoted. 3. Rule 28(b)(iA)(ii), of Part-II, KS&SSR reads as under:- “Promotion and appointment by transfer to higher posts according to seniority:- All other promotions or appointments by transfer to higher posts shall, subject to the provisions of these rules, and the special rules, be made in accordance with seniority subject to the person being considered suitable for the post. Punishments other than censure awarded within a period of three years immediately preceding such promotion or appointment by WP(C) No.21340/2010 -2- transfer shall be taken into account in determining the suitability of a person for promotion or appointment by transfer.” A reading of this Rule shows that in cases where promotions are to non-selection posts as in this case, promotion shall be ordered subject to the provisions of the KS & SSR and the Special Rules and in accordance with seniority subject to the person being considered suitable for the post. Therefore, though seniority is given importance, that along will not entitle the person to be promoted unless the person is considered suitable for the post. This necessarily involves assessment of the suitability of the person concerned for promotion. In that process, if the DPC considers that on account of the pendency of disciplinary proceedings, a person is unsuitable, such an assessment is well within the provisions contained in the Rules. On the other hand, if as contended by the learned counsel for the petitioner, seniority pure and simple is the criterion, the words, “subject to the person being considered suitable for the post” would not have found a place in the Rule. Therefore, I do not find any merit in the contention urged on behalf of the petitioner. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg