IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WA.No. 2254 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.20099/2006 Dated 17/07/2008 .................... APPELLANT(S): PETITIONER. ------------------------- P.SELVARAJAN, RTD. DEVELOPMENT OFFICER, (NON-CONVENTIONAL ENERGY)(NCE), KHADI AND VILLAGE INDUSTRIES COMMISSION,STATE OFFICE, M.G.ROAD, THIRUVANANTHAPURAM,PRESENTLY R/AT.MUTTAKKATTUVILAI VEEDU,KUZHITHURAI P.O., KANYAKUMARI DISTRICT, TAMIL NADU. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): RESPONDENTS. --------------------------- 1. KHADI AND VILLAGE INDUSTRIES COMMISSION, REPRESENTEED BY ITS CHIEF EXECUTIVE OFFICER, 3 IRLA ROAD, VILE PARLE (W), MUMBAI - 56. 2. THE DIRECTOR, NON-CONENTIONAL ENERGY, KHADI AND VILLAGE INDUSTRIES COMMISSION, 3 IRLA ROAD,VILE PARLE (W), MUMBAI - 56. 3. THE STATE DIRECTOR, KHADI AND VILLAGE INDUSTRIES COMMISSION, M.G.ROAD, THIRUVANANTHAPURAM - 695 001. BY STANDING COUNSEL SHRI K.P.HAREESH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2254 of 2008 -------------------------------------- Dated this the 27th day of November, 2008. JUDGMENT Koshy, J. Appellant/petitioner who has passed SSLC and completed certificate course in Civil Engineering was appointed as a Fibre Instructor in the Khadi & Village Industries Commission. He was thereafter promoted as Foreman, Assistant Development Officer and then Development Officer and retired from that post on 29.6.2001. According to him, being the seniormost Development Officer, he was entitled to be promoted as the Assistant Director on 28.2.1998. But he was not promoted hence he must be given atleast notional promotion from that date and retirement benefits may be fixed on that basis. It is the contention of the standing counsel for first respondent that as per the amended rules which came into force on 26.6.1998 the minimum educational qualification for the post of Assistant Director is Master's Degree in Physics, Chemistry, etc. or Degree in Engineering. The appellant's educational qualification is only SSLC and Certificate course in Civil Engineering. Therefore, he was not qualified. Appellant's case is that even before amendment of the rules on 26.6.1998 there was a vacancy on 28.2.1998 so that he is entitled to be appointed as Assistant Director. Respondent considered the candidates for promotion only on 26.6.1998. Petitioner was not having the required qualification for promotion on WA No.2254/2008 2 that date. Since he was not qualified as per Special Rules , he was not considered for promotion. According to the petitioner he ought to have been promoted before 26.6.1998, before amended rules came into force. If that be so, petitioner approached the Court after ten years of alleged denial of promotion. We are unable to grant any relief at this distant point of time. We agree with the observations of the learned Single Judge. Writ Appeal is dismissed. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks