LAWS(KER)-2011-5-5

THOMAS LUKOSE Vs. STATE OF KERALA

Decided On May 27, 2011
THOMAS LUKOSE Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioner is a Head Accountant in the ministerial cadre of the Motor Vehicle Department. According to the petitioner, the question as to whether persons in the ministerial cadre can be considered for promotion to the post of Joint RTO has been decided by this Court in the decision reported in Basheer v. Kerala Motor Vehicles Inspectors' Association & Others, 1995(1) ILR Ker. 284. THE Departmental Promotion Committee of the Department who met on 1.3.2011 for considering persons to be included in the select lists for various posts including the post of Joint Regional Transport Officer made the following observation in Ext. P2 minutes of the Departmental Promotion Committee:

(2.) ACCORDING to the petitioner, the functions and duties of Departmental Promotion Committee do not involve making of such recommendation in the minutes of the Departmental Promotion Committee insofar as their only function is to prepare select lists of persons to be promoted to higher posts. ACCORDING to the petitioner, such recommendation is contrary to the decision in Basheer's case (supra). Therefore, the said observation in Ext. P2 is liable to be quashed. The petitioner seeks the following reliefs: