IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 27619 of 2008(K) -------------------------- PETITIONER: --------------- ALEYAMMA ABRAHAM, SENIOR LECTURER, GOVERNMENT COLLEGE OF NURSING, KOTTAYAM. BY ADV. SRI.GEORGE MECHERIL SRI.V.C.JAMES RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPARTMENTAL PROMOTION COMMITTEE FOR ASST.PROFESSOR IN NURSING COLLEGE, BY SECRETARY DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. K.M.JALAJA, SENIOR LECTURER IN NURSING, GOVERNMENT COLLEGE OF NURSING, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI.A.J.VARGHESE FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C)No. 27619 of 2008-K --------------------------------------------- Dated this the 5th January, 2009. J U D G M E N T The reliefs prayed for in the writ petition are the following: “i) to issue a direction to the respondents 1 to 3 to promote and appoint the petitioner to the post of Assistant Professor of Nursing without further delay. ii) issue a writ in the nature of mandamus or such other appropriate writ, order or direction commanding respondent No.2 not to appoint any person to the post of Assistant Professor of Nursing overlooking petitioner's seniority. iii) to issue a writ of certiorari or such other appropriate writ order or direction in order to call up the records and proceedings leading up to the decision of the D.P.C met on 7.8.2008 to the extent decided to promote the 4th respondent to the post of Assistant Professor of Nursing overlooking petitioner's seniority. iv) pass such other order or direction which this Honourable court would deem just and proper in the facts and circumstances of the case.” 2. It is stated that subsequent to the filing of writ petition, the 4th respondent was promoted as Assistant Professor of Nursing. The case of the petitioner is that he is entitled to get promotion, he being the senior most as per Ext.P3 Gradation list. W.P(C)No. 27619 of 2008-K 2 Practically, the writ petition has become infructuous. 3. After having heard the learned counsel for the petitioner and the Government Pleader, the writ petition is closed leaving open the contentions raised by the petitioner and his right to approach this Court. It is also made clear that disposal of the writ petition would not affect the right of the petitioner to claim any benefit on the basis of the contentions put forward by him in the writ petition. It is submitted by the learned counsel for the petitioner that still there are vacancies and in any such vacancy he can be promoted, if the departmental promotion committee sanctioned the same. The petitioner can raise all these matters before the appropriate forum. Ab K.T.SANKARAN JUDGE