IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 31748 of 2003(D) ---------------------------------------- PETITIONER(S): ------------------------ SODALAI PUTHIVAN, SENIOR GRADE I DRIVER, SPICES BOARD, KOCHI - 25. BY ADVS. SRI.R.DIVAKARAN, SRI.BINOI GEORGE (CHERUKARA), SRI.VINUCHAND. RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY, GOVT. OF INDIA, UDYOGA BHAVAN, NEW DELHI. 2. SPICES BOARD REPRESENTED BY ITS CHAIRMAN, P.B.NO.2277, PALARIVATTOM, KOCHI - 25. 3. SECRETARY, SPICES BOARD, P.B.NO.2277, PALARIVATTOM, KOCHI - 25. 4. DEPUTY DIRECTOR (ADMINISTRATIVE), SPICES BOARD, PALARIVATTOM, KOCHI - 25. BY SRI.JOSEPH MARKOSE, SENIOR ADVOCATE, R1 BY ADV.SMT.A.SREEKALA, ADDL.CGSC, SRI.C.UNNIKRISHNAN, CGC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31748/2003 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TESTIMONIAL FOR CIVIL EMPLOYMENT CERTIFICATE ISSUED BY THE REPORTING OFFICER DTD. 30/05/78. P2: COPY OF THE APPOINT ORDER DTD. 25/07/1979. P3: COPY OF THE PROCEEDINGS OF THE CHAIRMAN CARDAMOM BOARD ISSUED TO THE PETITIONER DTD. 1/1/87. P4: COPY OF THE OFFICE MEMORANDUM OF THE ORDER OF THE GOVT. OF INDIA DTD. 15/02/2001. P5: COPY OF THE REPRESENTATION DTD. 27/12/2001 BEFORE THE 2ND RESPONDENT. P6: COPY OF THE REMINDER DTD. 1/08/2002 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. P7: COPY OF THE REPRESENTATION 27/05/2003. P8: COPY OF THE REPRESENTATION DTD. 5/07/2003 SUBMITTED BY THE PETITIONER BEFORE THE NATIONAL COMMISSION FOR SC ST. P9: COPY OF THE MEMORANDUM ISSUED BY THE 4TH RESPONDENT REJECTING THE REQUEST OF THE PETITIONER DTD. 29/08/2003. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C). No.31748 of 2003 - - - - - - - - - - - - - - - - Dated this the 15th day of November, 2011. JUDGMENT The petitioner was working as Staff Car Driver Grade I under the 2nd respondent with effect from 04.08.1979. Before joining the service under the 2nd respondent, the petitioner was completed 10 years of military service. The petitioner belongs to Scheduled Tribe Community. The respondent promoted the petitioner as Selection Grade driver in the year 1987 and subsequently in the year 1992, he promoted to the post of Staff Car Driver Grade I. The Government of India introduced the promotion scheme to Staff Car Drivers on 15.02.2001 and the promotion scheme shall be taken effect from 08.11.1996. For obtaining special grade, the candidates shall have three years regular service in Grade I of Staff Car Drivers. The petitioner completed three years regular service in 1995. The petitioner claims that he is eligible to get promotion to the post of Staff Car Driver (Special Grade) with effect from 08.11.1996. 2. In the counter affidavit filed by respondents 2 to 4, it is stated that the Government issued Ext.P4 order formulating a W.P.(C). No.31748 of 2003 -:2:- scheme for Central Government Staff Car Drivers, which was adopted for the drivers of the Spices Board also. As per the scheme, 5% of the total number of Staff Car Drivers have to be given the Special Grade scale of `5000-8000. Based on the total number of drivers in the Board, only two posts were made available by rounding up. In that view of the matter, since there is no posts, the petitioner could not have been given promotion to the post of Staff Car Driver Special Grade. Accordingly, this writ petition is dismissed. sd/- B.P. RAY, JUDGE. rv W.P.(C). No.31748 of 2003 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the15th day of November, 2011. JUDGMENT