SREENIVASAN; P R BEENA; SUSEELAN; J SREERAJ; M P VALSAMA Vs. TRAVANCORE DEVASWOM BOARD; COMMISSIONER; CHIEF ENGINEER

JUDGEMENT

(1.) Petitioners are part time Sweepers in the Maramath wing of the 1st respondent. They claim promotion as Full Time Sweepers on par with the Part Time Sweepers in the temple wing of the 1st respondent.

(2.) Counsel for the respondent submits that there is no post of Full Time Sweeper in the Maramath Wing and that taking into account the lack of avenues of promotion, their retirement age has been fixed at 70 years and it is also stated that the post has been made pensionable w.e.f. 1/7/09 as well.

(3.) The question of conceding claim for promotion arises only if there is a post available in the higher post to which an employee in question can be considered. In this case, in the absence of any post available, this Court will not be justified in directing consideration of their claims. That apart, according to the respondents, this lack of promotion avenues has also been considered while fixing the age of retirement as well.