IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 7875 of 2009(D) ------------------------------------- PETITIONER: ------------------- K.KRISHNAKUMAR, ASSISTANT MANAGER, STAFF NO.46585, AIR INDIA, TERMINAL II, TRIVANDRUM INTERNATIONAL AIRPORT, TRIVANDRUM - 695 008. BY ADV. DR.K.P.KYLASANATHA PILLAY, SMT.V.J.SAFEENA, SMT.SREEDEVI KYLASANATH. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF CIVIL AVIATION, CENTRAL SECRETARIAT, NEW DELHI. 2. AIR INDIA LTD., REPRESENTED BY THE MANAGING DIRECTOR 'D' AIR INDIA LTD., NARIMAN POINT, MUMBAI - 400 021. 3. THE DIRECTOR, H.R.D., AIR INDIA LTD, OLD AIRPORT, SANTA CRUZ (E), MUMBAI - 400 029. 4. THE MANAGER, AIR INDIA LTD, THIRUVANANTHAPURAM. R1 BY ADV. MR.P.PARAMESWARAN NAIR,ASST.S.G., R2 TO R4 BY ADVS. MR.JOSEPH KODIANTHARA, MR.TERRY V.JAMES. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7875/2009-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMUNICATION DTD. 14/02/1979 WAIT LISTED FOR APPOINTMENT AS TRAFFIC/CARGO ASSISTANT. EXT.P.2, P2.(A, P2(B): COPIES OF TEMPORARY APPOINTMENT LETTERS DTD. 21/06/1979, 25/07/79 AND 10/10/1979. EXT.P.3: COPY OF THE COMMUNICATION DTD. 17/10/1979. EXT.P.4: COPY OF THE REPRESENTATION DTD. 10/12/1991 SUBMITTED BY PETITIONER. EXT.P.5: COPY OF THE COMMUNICATION DTD. 20/06/1992 OF R.3. EXT.P.6: COPY OF THE STAFF MOVEMENT ORDER DTD. 22/12/2006 ISSUED TO PETITIONER FOR ATTENDING INTERVIEW. EXT.P.7: COPY OF THE REPRESENTATION DTD. 14/02/2007 SUBMITTED BY PETITIONER TO R.3. EXT.P.8: COPY OF THE INTERIM ORDER DTD 29/07/2005 IN O.P. NO. 38125/02. EXT.P.9: COPY OF THE JUDGMENT DTD. 27TH FEBRUARY, 2009 IN O.P. NO. 38125/02. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ---------------------------- WP(C) NO. 7875 OF 2009 --------------------------------- DATED THIS THE 3RD DAY OF AUGUST 2009 JUDGMENT ------------------ Heard Smt. Sreedevi Kylasanath, the learned counsel appearing for the petitioner, Shri. P.Parameswaran Nair, the learned Assistant Solicitor General of India appearing for the first respondent and Shri. Joseph Kodianthara, the learned standing counsel appearing for respondents 2 to 4. 2. The petitioner who is presently working as Assistant Manager in Air India Limited has filed this Writ Petition seeking promotion to the category of Deputy Manager pursuant to the One Time Stagnation Based Promotion Exercise 2006 that was carried out in December 2006. The petitioner states that though all his colleagues who appeared for the interview have been promoted, till date he has not been informed of the result of the interview. He states that though he had sent Ext.P7 letter dated 14-2-2007 to the third respondent stating that he has not been promoted though his colleagues have been promoted, till date no reply has been received to Ext.P7. WP(C) NO. 7875 OF 2009 2 3. Respondents 2 to 4 have filed a counter affidavit wherein it is stated that though the petitioner participated in the promotion exercise that was carried out in December 2006 he did not secure 70 marks out of the maximum of 100 marks and therefore he was not selected for promotion. It is stated that only those employees who obtained 70 marks and above were selected for promotion. The pleadings and the reliefs prayed for in the writ petition disclose that the petitioner has not challenged the yard stick adopted to effect promotions in the One Time Stagnation Based Promotion Exercise 2006. From the case set out by the respondents it is evident that the petitioner was not promoted since he did not secure the cut off marks. In such circumstances I am of the opinion that the reliefs prayed for in this writ petition cannot be granted. If the petitioner is aggrieved by the decision taken by the competent authority under the One Time Stagnation Based Promotion Exercise that was undertaken in December 2006, he should move the competent appellate authority. With the above observation, this Writ Petition is WP(C) NO. 7875 OF 2009 3 dismissed. The interim order passed by this Court on 11-6-2009 shall stand vacated. P.N.RAVINDRAN Judge pkk