IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 8524 of 2009(I) ------------------------- PETITIONERS: --------------- 1. V.M.MOHAMMED KOYA, ASST.GRADE-1, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LIMITED, REGIONAL OFFICE,MALAPPURAM, RESIDING AT ROHINI SADAN, MOONAMPADY, MALAPPURAM P.O., MALAPPURAM DISTRICT. 2. V.ANILKUMAR, ASST.GRADE-I, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LIMITED, REGIONAL OFFICE, PANDALAM, RESIDING AT KRISHNA BHAVANAM,CHERUSSERY BHAGAM,CHAVARA P.O., KOLLAM DISTRICT. 3. GRACYKUTTY I., ASST.GRADE-I, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LIMITED, REGIONAL OFFICE, THIRUVANANTHAPURAM, RESIDING AT TC 4/187-7,CHACKALAYIL, KAUDIAR P.O., THIRUVANANTHAPURAM. 4. S.SURAJ,ASST.GRADE-I, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LIMITED, REGIONAL OFFICE, KOLLAM, RESIDING AT MIDILA, COLLEGE JUNCTION, RALLOR KAVU,NAGAROOR P.O., KILIMANOOR,THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SMT.KVP.JAYALEKSHMY SRI.M.AJAY (IRUMPANAM) SMT.M.C.SHIJIMOL WP(C).No. 8524 of 2009 RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SC/ST DEVELOPMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE/SCHEDULED TRIBES LTD., TOWN HALL ROAD,THRISSUR. ADV. SRI.M.K.CHANDRA MOHANDAS FOR R2 GOVT.PLEADER, SRI.BENNY GERVASIS FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8524 of 2009 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE ORDER DT.20.6.2003 ALONG WITH RELEVANT PAGES OF THE SENIORITY LIST OF ASSISTANT GRADE-1 PUBLISHED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE ORDER DT.12.09.2003 ALONG WITH REVISED FINAL SERNIORITY LIST OF ASST.GRADE-1 OF THE 2ND RESPONDENT. EXT.P3: COPY OF LETTER NO.2418/A1/R1S/2005/2007 DT.13.2.2008. EXT.P4: COPY OF THE REPLY RECEIVED FROM THE DEPARTMENT OF EXAMINATION, GOVT. OF KERALA, DT.17.7.2007. EXT.P5: COPY OF THE REPLY DT.07.08.2007 ISSUED BY THE DEPARTMENT OF EXAMINATION OF THE 1ST RESPONDENT. EXT.P6: COPY OF THE LETTER DT.14.8.2007 ISSUED BY THE CONTROLLER OF TECHNICAL EXAMINATION, DT.14.8.2007. EXT.P7: COPY OF THE MINUTES OF THE MEETING NO.2528/A1/95 DT.21.5.1998. EXT.P8: COPY OF THE LETTER NO.1258/89/A2 DT.30.11.1998 ISSUED BY THE MANAGING DIRECTOR TO THE KPSC. EXT.P9: COPY OF THE RECRUITMENT RULES OF THE 2ND RESPONDENT. EXT.P10: COPY OF THE CIRCULAR NO.1258/89/82 DT.01.6.1998 ISSUED BY THE 2ND RESPONDENT. EXT.P11: COPY OF THE SENIORITY LIST PUBLISHED BY THE 2ND RESPONDENT WITH REGARD TO THE EMPLOYEES OF ASST.GRADE-1 OF THE 2ND RESPONDENT. EXT.P12: COPY OF THE ORDER DT.18.11.2008 IN W.P.(C) NO.34000/2008. EXT.P13: COPY OF THE ORDER DT.19.11.2008 IN W.P.(C) NO.34134/2008 EXT.P14: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DT.22.01.2009. K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------------- W.P.(C) No. 8524 OF 2009 ------------------------------------- Dated this the 24th day of July, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners are Assistant Grade-I working under the 2nd respondent Corporation. They submit, their turn for promotion as Junior Superintendent arose, but, they are not being considered for promotion for the reason that the seniority list of Assistant Grade-I is under challenge before this Court. According to the writ petitioners, the same is not a ground for not considering their claim for promotion. 2. We heard the learned Standing Counsel for the 2nd respondent. According to the 2nd respondent, who is the Managing Director of the Kerala State Development Corporation for Scheduled Caste/Scheduled Tribes Ltd., the seniority list, based on which, the petitioners claim promotion is under challenge before this Court in several writ petitions. In W.P.(C)No.34000/2008, there is an interim stay against W.P.(C) No.8524/2009 2 reversion of the writ petitioner in that case. It is also pointed out that in W.A.No.2388/2005 there is an interim order to the effect that the operation of the seniority list will be subject to the outcome of the Writ Appeal. It is also pointed out that in the connected Writ Petitions also, there are similar orders that the promotions, if any, made relying on the impugned seniority list will be subject to the result of the concerned Writ Petition. Therefore, the learned Standing Counsel submitted that promotions cannot be ordered now. 3. Every incumbent in service aspire for promotion to the higher post as and when his turn arises. If, the same is not considered, appropriately, at the appropriate time, irreparable injury will be caused to them. When promotions are ordered, belatedly, in most of the cases, backwages are not paid and the same is denied on the principle of 'No work, no pay'. The orders, in the Writ Appeal and connected Writ Petitions, that the promotions will be subject to the result of the Writ Appeal and the Writ Petitions do not stand in the way of considering the claim of the writ petitioners along with that of other claimants, W.P.(C) No.8524/2009 3 for promotion. But, for promoting them, the writ petitioner in W.P.(C) No.34000/2008 cannot be reverted, in view of Ext.P12 interim order in that Writ Petition. So, the 2nd respondent is directed to consider the claim of the writ petitioners and the similarly placed persons for promotion to the post of Junior Superintendent/Assistant Accounts Officer, in accordance with law, within one month from the date of production/receipt of a copy of this judgment and promote the persons found eligible. It is clarified that the promotion, if any, granted to the writ petitioners or other persons pursuant to this judgment will not, in any way, affect the contentions of the parties to W.A.No.2388/2005 or the connected Writ Petitions, challenging the seniority list of Assistant Grade-I. The Writ Petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps