IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 4298 of 2010(J) ------------------------- PETITIONER(S): ------------------ N.NJANADAS, ASSISTANT DEPOT ENGINEER, KSRTC, KOLLAM DEPOT. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): ------------------- 1. KERALA STATE ROAD TRANSPOR CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. EXECUTIVE DIRECTOR (OPERATIONS) & SECRETARY OF DPC, KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 3. V.K.SHAMEER, DEPOT ENGINEER, KSRTC, THIRUVANANTHAPURAM CITY DEPOT. SRI.V.V.N.NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 4298 OF 2010 (J) ===================== Dated this the 4th day of March, 2010 J U D G M E N T Petitioner is an Assistant Depot Officer in the KSRTC aspiring for promotion to the post of Depot Officer in the quota earmarked for promotees. According to the petitioner, although he has been included in Ext.P1 seniority list as No.1, he has not been promoted despite existence of vacancies. It is with this grievance, the writ petition has been filed. 2. Standing counsel has obtained instructions in the matter. It is submitted that the post is to be filled up in the ratio of 1:1 by direct recruitment and by promotion. It is stated that although petitioner is No.1 in the seniority list of those in the feeder category, as at present, there is no sanctioned post available in the promotion quota and it was therefore that the petitioner's claim has not been considered. It is also submitted that as and when the vacancies are filled up, the claim of the petitioner will be duly considered. 3. A person who has been included in the select list or in the seniority list has no indefeasible right to be appointed or WPC No. 4298/10 :2 : promoted, but can only insist that as and when candidates are considered for promotion, his claim should be duly considered. It is also the position in law that despite availability of vacancies, it is up to the employer to decide as to whether the vacancies are to be filled up or not, and Court cannot compel the employer to promote candidates from feeder category ignoring the requirements of the establishment. In this case, although the petitioner is No.1 in the seniority list, he can claim to be considered only when the KSRTC decides to fill up the vacancies in the promotion quota. This is yet to be done and therefore directing that as and when vacancies are filled up in the quota earmarked for promotees to the post of Depot Officer, petitioner's claim on the basis of Ext.P1 will be duly considered, this writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp