IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 12449 of 2008(F) -------------------------------------- PETITIONER: ------------------- RADHAKRISHNAN NAIR S/O.DAMODARAN PILLAI, AGED 50 YEARS, SURABHI, PALACKALTHAKIDI P.O, KUNNAMTHANAM, PATHANAMTHITTA DISTRICT, NOW WORKING AT 32 ASSAM RIFLES, C/O. 99 APO, PIN 932032, DEPUTY COMMANDANT. BY ADV. SRI.R.GIREESH VARMA. RESPONDENTS: ----------------------- 1. MINISTRY OF HOME AFFAIRS, REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. DIRECTOR GENERAL ASSAM RIFLES, OFFICE OF THE DIRECTOR GENERAL ASSAM RIFLES, SHILLONG, 79 3011 3. COMMANDANT, 32 ASSAM RIFLES, C/O. 99 APO PIN : 932032. ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12449/2008-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CIRCULAR ISSUED BY THE MINISTERY OF HOME AFFAIRS. EXT.P.2: COPY OF THE MEDICAL REPORT ISSUED BY THE MEDICAL BOARD. EXT.P.3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE R.2. DTD. 07/05/2007. EXT.P.4: COPY OF THE LETTER DTD. 29/10/2007 ISSUED BY THE OFFICE OF THE R.2. EXT.P.5: COPY OF THE LETTER SUBMITTED BY THE PETITIONER DTD. 27/12/2007 SEEKING PERMISSION FOR PERSONAL INTERVIEW WITH THE R.2. EXT.P.6: COPY OF THE LETTER DTD. 15/02/2008 ISSUED BY THE OFFICE OF THE R.2. APPROVING THE SENIORITY OF THE PETITIONER. EXT.P.7: COPY OF THE RECRUITMENT RULES DTD. 20/11/2003. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. P.N.RAVINDRAN, J. ====================================== W.P.(C)No.12449 of 2008 ====================================== Dated this the 7th day of October 2008 JUDGMENT The petitioner is presently working as Deputy Commandant in Assam Rifles. When the writ petition was filed, he was stationed in Assam and presently he is stationed in the State of Madhya Pradesh. In this writ petition, the petitioner has prayed for a writ in the nature of mandamus directing the respondents to promote him as Commandant taking note of his seniority. According to the petitioner, though he has been included in the supplementary list prepared by the Departmental Promotion Committee for the year 2007-2008, no action has been taken to promote him to the post of Commandant. 2. The cause of action for this writ petition is the failure of the respondents to promote the petitioner to the post of Commandant. In my opinion, no part of the cause W.P.(C)12449/2008 2 of action for this writ petition has arisen within the territorial limits of the jurisdiction of this Court. The writ petition is, in my considered opinion, not maintainable in this Court. The writ petition is accordingly dismissed without prejudice to the right of the petitioner to move the appropriate court for reliefs in the matter. P.N.RAVINDRAN, JUDGE css/