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2026 Supreme(Online)(Ker) 3186

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
JAMES V C – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 2280 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.AJIT G ANJARLEKAR, SRI.G.P.SHINOD, SRI.GOVIND PADMANAABHAN, SRI.ATUL MATHEWS, SMT.GAYATHRI S.B.
For the Respondents: SMT.O.M. SHALINA, DSGI

The court directs timely consideration of promotional claims based on existing vacancies without addressing the merits.

Headnote:The petitioner seeks direction for expeditious consideration of promotion to Deputy Rubber Production Commissioner, emphasizing sufficient vacancies and impending retirement. Court notes that Draft Recruitment Rules were struck down and urges prompt action on the petitioner's representation. While granting the petition, the Court instructs a timeline of two months for appropriate orders, without commenting on the merits of the claims.

Table of Content
1. promotion request based on vacancies and retirement status. (Para 1 , 2)
2. court orders prompt action without delving into merits. (Para 4)

JUDGMENT Dated this the 22nd day of January, 2026 The petitioner seeks for a direction to the 3rd respondent to expeditiously consider the representation preferred for granting promotion to the post of Deputy Rubber Production Commissioner (DyRPC) for the reason that sufficient vacancies exist and the petitioner is on the verge of superannuation on 31.01.2026.

2. The petitioner would urge that the respondents ought to have adverted to the fact that the purported Draft Recruitment Rules, 2009, has already been struck down as illegal by this Court and as a necessary corollary, the respondents ought not to have relied upon non-

existent criteria for denying promotion to the petitioner. 3. I have heard the learned counsel for the petitioner and the learned Deputy Solicitor General of India representing the respondents.

4. Taking into consideration the fact that the petitioner's claim is for promotion / notional promotion and the petitioner is due to retire on 31.01.2026, I am of the view that the competent among the respondents shall consider Ext.P19 representation submitted by the petitioner as expeditiously as possible.

The writ petition is accordingly disposed of directing the 3rd respondent to consider Ext.P19 representation and pass appropriate orders thereon within a period of two months. It is made clear that this Court has not pronounced anything on the merits of any of the claims made by the petitioner.

Sd/-

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