IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WA.No. 540 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31553/2005 Dated 20/10/2006 .................... APPELLANT(S): -------------- 1. TENSING JOSEPH, PROFESSOR GRADE II, COLLEGE OF FINE ARTS, THIRUVANANTHAPURAM-33. 2. S.PRASANNAKUMAR, PROFESSOR GRADE II, COLLEGE OF FINE ARTS, THIRUVANANTHAPURAM-33. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): PETITIONER AND RESPONDENTS: ------------------------------------------ 1. A.S.SAJITH, PROFESSOR GRADE II, COLLEGE OF FINE ARTS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, DEPARTMENT OF TECHNICAL EDUCATION, EAST FORT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DEPARTMENTAL PROMOTION COMMITTEE FOR THE PROMOTION OF PROFESSOR IN THE COLLEGE OF FINE ARTS, REPRESENTED BY ITS CONVENOR, PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE PRINCIPAL, COLLEGE OF FINE ARTS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. 6. MIKKU KURIAN CHERIAN, SECOND GRADE PROFESSOR, COLLEGE OF FINE ARTS, VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM. ADV. SRI.SHYAM KRISHNAN FOR R1 GOVERNMENT PLEADER FOR R2 & R3 SMT.R.BINDU. ADV.SRI.PHILIP T.VARGHESE.(R6) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.540 of 2009 ---------------------------------------------- Dated 2nd February, 2010. J U D G M E N T Balakrishnan Nair, J. The appellants were not parties to the writ petition. They obtained leave of this Court and filed this Writ Appeal. The writ petition was filed by the first respondent. He was aggrieved by the non-inclusion of his name in the select list for the post of Professor Grade II (Painting), in the College of Fine Arts, Thiruvananthapuram, under the Department of Technical Education, Government of Kerala, for the year 2005. The person, Sri.Mikku Kurian Cherian, who was included in Annexure I list prepared by the Departmental Promotion Committee (for short, 'D.P.C.'), along with others, were promoted as Professor Grade II in the Painting Department, by Annexure II order dated 26.5.2005. Challenging his non-inclusion, the first respondent filed a representation before the Convenor of the D.P.C. The same was rejected on the ground of delay. The learned Single Judge directed the D.P.C. to reconsider the claim of the first respondent, ignoring the delay. It was also ordered that if he was found eligible for inclusion in the list prepared by the D.P.C., he should be promoted with effect from 12.4.2005. 2. The appellant herein, is aggrieved by the said WA NO.540/09 2 direction, regarding the date of effect of promotion. It is submitted that if the first respondent was included in Annexure 1 list, he would have been promoted only from 26.5.2005, as per Annexure II. Therefore, his promotion cannot have any effect from a date anterior to 26.5.2005. 3. We heard the learned counsel for the first respondent and also the learned Government Pleader, for the official respondents. We find considerable force in the above submissions. If the supersession of the first respondent in Annexure I list was illegal and he was included in that list, he was entitled to get promotion only from the date of Annexure II, 26.5.2005. Accordingly, the direction in the judgment under appeal that the first respondent shall be promoted with effect from 12.4.2005, is vacated and it is ordered that he shall be promoted with effect from 26.5.2005, if otherwise found eligible. The Writ Appeal is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.540 of 2009 ---------------------------------------------- J U D G M E N T Dated 2nd February, 2010.