LAWS(KER)-2014-10-64

RANADEEPAN K. Vs. STATE OF KERALA

Decided On October 14, 2014
Ranadeepan K. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) In this writ petition the issue that arises for consideration is the entitlement of the petitioners to be promoted to the next higher cadre.

(2.) Briefly stated, petitioners 1 to 3 have been working as Driver Grade-I in the second respondent Corporation, whereas petitioners 4 and 5 have been working as Lascar/Helper Grade-II. The first petitioner got his entry into service as Driver Grade-II on 20.06.2007; the second petitioner on 26.06.2007 and third petitioner on 18.10.2007. In course of time, they were promoted to the present cadre, i.e., Driver Grade-I through Exhibit P1 dated 07.07.2010.

(3.) In so far as petitioners 4 and 5 are concerned, both of them got into service as Lascar/Helper Grade-II on 09.02.2007. Petitioners 1 to 3 contend that given the statutory scheme of the second respondent Corporation and given the existence of clear vacancies, they ought to have been promoted to the post of Driver Senior Grade, inasmuch as they already have the necessary experience to fill up the said grade. On the other hand, petitioners 4 and 5 have grievance that their promotions have been long due and had the authorities considered their case on time, they would had the next two promotions in their career. In other words, given their seniority and given the clear vacancies existing in the Corporation, initially they should have been promoted as Lascar/Helper Grade-I and later as Lascar/Helper Senior Grade. Thus they are said to have been denied the opportunity of being promoted to two higher cadres.