IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WA.No. 923 of 2007() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.10621/1996 Dated 17/11/2006 .................... APPELLANTS: ------------------- 1. STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT,FOOD & CIVIL SUPPLIES (A) DEPARTMENT TRIVANDRUM. 2. THE DIRECTOR OF CIVIL SUPPLIES,BOARD, REVENUE (CIVIL SUPPLIES) TRIVANDRUM. BY GOVERNMENT PLEADER RESPONDENTS: ---------------------- 1. T.RAJENDRAN NAIR,RATIONING INSPECTOR, BHAGAVATHY NIVAS,TC 211/924,P.K.S. LANE, KARAMANA,TRIVANDRUM. 2. N.RAJALEKSHMI,RATIONING INSPECTOR, TALUK SUPPLY OFFICE,TRUCHUR. 3. S.MONY,HEAD CLERK,DISTRICT SUPPLY OFFICE KOLLAM. 4. P.J.MARY,RATIONING INSPECTOR, TALUK SUPPLY OFFICE,MEENACHIL,PALAI. 5. P.MURALEEDHARAN,SENIOR ASST.GRADE I, KERALA STATE CIVIL SUPPLIES CORPORATION, TALUK DEPOT,VALIATHURA,TRIVANDRUM. 6. R.SUKUMARAN,RATIONING INSPECTOR, TALUK SUPPLY OFFICE,UDUMBANCHOLA,NEDUMKANDOM. 7. S.M.SHANZAD,RATIONING INSPECTOR, TALUK SUPPLY OFFICE,OTTAPALAM,PALAKKAD. WA. 923/2007 8. G.SASIDHARAN,RATIONING INSPECTOR, TALUK SUPPLY OFFICE,KOTHAMANGALAM. 9. T.KALYANIKUTTY, RATIONING INSPECTOR,TALUK SUPPLY OFFICE, PERINTHALMANNA,MALAPPURAM. 10. V.T.MATHEW,SENIOR ASSISTANT GRADE-I, KERALA STATE CIVIL SUPPLIES CORPORATION, UNIT DEPOT,THALIPARAMBA,KANNUR. 11. P.A.MOHAMMED ASLAM,SHOP MANAGER, MAVELISTORE,NEDUMKANDAM,CHANGANASSERY. 12. B.VIJAYAKUMAR,SENIOR ASSISTANT GRADE I, KERALA STATE CIVIL SUPPLIES CORPORATION,TALUK DEPOT,KANJANGAD,KASARGOD. * 13. P.P.VISHNU NAMBOOTHIRI,SENIOR ASSISTANT GRADE 1,KERALA STATE CIVIL SUPPLIES CORPORATION, TALUK DEPOT,KANJANGAD,KASARGOD.(DELETED) 14. K.K.VELAYUDHAN,SENIOR ASSISTANT GRADE I, KERALA STATE CIVIL SUPPLIES CORPORAION,TALUK DEPOT KASARGOD. 15. V.P.VALSALA,SENIOR ASSISTANT GRADE I, KERALA STATE CIVIL SUPPLIES CORPORATION, REGIONAL OFFICE MAVOOR ROAD,KOZHIKODE. 16. P.USHAKUMARI,RATIONING INSPECTOR, TALUK SUPPLY OFFICE,CHIRAYINKIL,TRIVANDRUM. 17. SHAHDEESHAH,SENIOR ASSISTANT GRADE 1, KERALA STATE CIVIL SUPPLIES CORPORATION, HEAD OFFICE GANDHI NAGAR,KOCHI-20. 18. N.V.PAULOSE,SHOP MANAGER,MAVELISTORE, NELLIKUZHY,IDUKKI. *R13 DELETED AT THE RISK OF THE APPELLANT AS PER ORDER DT. 20.11.2007 IN IA. 917/2007. BY ADV. SRI.T.R.HARIKUMAR SMT.SHEELA DEVI SRI.V.G.ARUN FOR R1 SRI.S.MOHANDAS FOR R12 & 17 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.923 of 2007 ===================== Dated this the 11th day of June, 2008. JUDGMENT Koshy,J. The writ petitioner claimed promotion to the U.D. cadre with effect from the date of occurrence of vacancy. In the counter affidavit, it was admitted by the appellant - State that the petitioner is qualified to be promoted to the U.D. cadre on 11.11.1985 and there were vacancies and respondents 4 to 19 will be qualified only on 13.11.1985. It is submitted in the appeal that 22 vacancies arose on 15.11.1985 and the they were filled up with the senior most qualified persons including the petitioner. 2. The question was whether the petitioner is entitled to get a place in the seniority list on the date of occurrence of vacancies. But considering the averments in paragraph 6, the learned single Judge held that since there were vacancies on 11.11.1985 and the petitioner was fully qualified on 11.11.1985, he is entitled for promotion to the U.D. cadre as on 11.11.1985 and consequential benefits should also be given to him. In the appeal it is submitted that the vacancies arose only on 15.11.1985 due to the promotion of 22 Upper Division Clerks. WA 923/07 -: 2 :- Apart from the vague assertions, the details were not furnished. We felt that arising of all the 22 vacancies on 15.11.1985 is a story to justify the contentions of the appellant. Therefore we have directed the Government Pleader to produce the documents regarding the promotions of 22 Upper Division Clerks on 15.11.1985, but he submitted that the documents were not available and the officers concerned were charge sheeted. But the fact that the averments of the appellant against their counter statement cannot be accepted. In the counter affidavit it is categorically mentioned that there were vacancies on 11.11.1985. But we make it clear that the judgment in question relates to the writ petitioner alone as he only challenged the matter in time. In the absence of any material to question the correctness of the date mentioned in the impugned judgment, we see no ground for interference in the impugned judgment and the appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 12/6