IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 34201 of 2005(V) -------------------------- PETITIONER(S): --------------- C.AHAMMED, U.D.CLERK (HIGHER GRADE), OFFICE OF THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, MALAPPURAM. BY ADV. SRI.N.MANOJ KUMAR SRI.M.RISHIKESH SHENOY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, BEACH ROAD, KOLLAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. THE CHIEF EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, BEACH ROAD, KOLLAM. 4. SMT.L.SNEHALATHA, HEAD CLERK, OFFICE OF THE CHIEF EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, BEACH ROAD, KOLLAM. 5. SHRI.P.E.GEORGE, HEAD CLERK, OFFICE OF THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALAKKAD. 6. SMT.C.P.RAMLA BEEVI, HEAD CLERK, OFFICE OF THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PATHANAMTHITTA. WP(C).No. 34201 of 2005 -2- 7. SMT.K.P.BHAVANI, JUNIOR SUPERINTENDENT, OFFICE OF THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANPORT WORKERS WELFARE FUND BOARD, PALAKKAD. 8. SMT.BEENA, JUNIOR SUPERINTENDENT, OFFICE OF THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOZHIKODE. 9. SMT.ASIA BEEVI, JUNIOR SUPERINTENDENT, OFFICE OF THE CHIEF EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, BEACH ROAD, KOLLAM. ADV. SRI.V.RAJENDRAN FOR R7 SRI.M.V.PAULOSE FOR R5 & 6 SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R2 & 3 GP SMT.LAKSHMI RANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34201 of 2005 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF REPRESENTATION DATED 20.11.03 SUBMITTED BY THE PETITIONER EXT.P2- TRUE COPY OF REPRESENTATION DATED 26.7.04 SUMITTED BY THE PETITIONER EXT.P3- TRUE COPY OF ORDER DATED 25.10.05 OF THE 2ND RSPNODENT EXT.P4- TRUE COPY OF LETTER DATED 19.8.02 OF THE 3RD RESPONDENT EXT.P5- TRUE COPY OF ORDER DATED 29.9.05 EXT.P6- TRUE COPY OF JUDGMENT OF THIS HONOURABLE COURT IN O.P.11360 OF 1993 DATED 9.8.96 EXT.P7- TRUE COPY OF ORDER DATED 19.3.97 OF THE 1ST RESPONDENT EXT.P8- TRUE COPY OF ORDER DATED 27.2.01 OF THE 3RD RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).34201/2005 -------------------- Dated this the 13th day of January, 2009 JUDGMENT Petitioner, while working as Upper Division Clerk (Higher Grade) in the Kerala Motor Transport Workers Welfare Fund Board, approached this Court aggrieved by the denial of promotion to the post of Junior Superintendent with effect from 8.11.2003. He seeks a direction to the respondents to promote him as Junior Superintendent, with effect from the date on which he completed 50 years of age, treating him as exempted from acquiring the requisite test qualification. It is now stated that the petitioner was promoted when his turn arose as Head Clerk with effect from 26.12.2006 and as a Junior Superintendent with effect from 28.3.2008. Learned counsel for the petitioner points out that the said promotions were on the basis of interim orders passed by this Court. W.P.(C).34201/2005 2 2. Learned counsel for the first respondent submits that for the present, promotions so given to the petitioner may be treated as regular. It is further pointed out that the petitioner has retired from service in November, 2008. If therefore, the petitioner is further interested in pursuing the claim for promotion to the post of Head Clerk and Junior Superintendent with reference to an earlier date, then such claim, which obviously can now be only for notional promotion, may be considered by the second respondent. If a representation detailing such claim is filed within six weeks from the date of receipt of a copy of this judgment, second respondent shall consider the same with reference to the question as to whether the petitioner was entitled to be treated as test qualified immediately on completion of the age of 50 and whether there was a vacancy available, to accommodate the petitioner and there was no other test qualified Junior eligible for promotion at that point of time. A decision shall be taken on the petitioner's claim in this regard within six W.P.(C).34201/2005 3 months from the date of receipt of representation. Writ petition is disposed of as above. V.GIRI, Judge mrcs