IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 24649 of 2010(E) -------------------------- PETITIONER(S): ------------------------ K.G.SAMUEL, S/O.K.J.GEORGE, AGED 47 YEARS, JOINT REGIONAL TRANSPORT OFFICER, IDUKKI-685603. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), REPRESENTED BY THE CONVENER AND SPECIAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. THE TRANSPORT COMMISSIONER, KERALA, THIRUVANANTHAPURAM-695001. 4. G.MANOHARAN NAIR, JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, KAZHAKKUTTAM, THIRUVANANTHAPURAM-695001. 5. E.P.JOHNSON MARIA JOY, JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, THRIPUNITHURA, ERNAKULAM-682301. 6. K.B.JOHNSON, JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, PERINTHALMANNA-680686. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 24649 OF 2010 (E) ===================== Dated this the 5th day of August, 2010 J U D G M E N T Petitioner joined service as Assistant Motor Vehicles Inspector, and subsequently by Ext.P2 order, he was promoted as Motor Vehicles inspector. 2. According to the petitioner, in Ext.P4 select list for the post of Joint RTO, though he was included as No.2 among the Motor Vehicles Inspectors, overlooking his claim, many of his juniors were promoted. It is stated that again promotions were made on 19/2/2007 overlooking his claims. According to the petitioner, in Ext.P8 select list for the year 2008, his name was included at Sl.No.2 among the Motor Vehicles Inspectors. It is stated that pursuant to that, by Ext.P9, among others, he was also promoted and posted by Ext.P10. 3. Thus, the persons who were allegedly promoted in 2007 overlooking his claims enjoyed their earlier promotions and those promotions were not called in question by the petitioner or anybody else. Now the contention of the petitioner is that in Ext.P11 select list for the post of RTO/Assistant Transport WPC No. 24649/10 :2 : Commissioner, those who were promoted in 2007, allegedly overlooking his claims, should be ranked juniors to him. It is urging this contention, this writ petition has been filed praying to direct the respondents to revise Ext.P11 select list and to declare that the petitioner is entitled to promotion in preference to his alleged juniors. 4. In my view, this claim of the petitioner is unsustainable. This is for the reason that the promotions allegedly in supercession of the petitioner's claim were made in 2007, and that those promotions were not challenged by the petitioner at any point of time. If that be so, those promotees, who were promoted earlier than the petitioner, are entitled to seniority above the petitioner, in which event, the claim of the petitioner that those promotees of 2007 should rank junior to him in Ext.P11 select list for the post of Regional Transport Officer/Assistant Transport Commissioner cannot be upheld. 5. Therefore, I am not persuaded to entertain the writ petition. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp