IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 31361 of 2007(H) -------------------------- PETITIONER(S): --------------------- A.ARUNKUMAR, DEPUTY DIRECTOR OF EDUCATION, KASARAGOD - 671 123. BY ADVS. SRI.C.P.PEETHAMBARAN SRI.V.V.MATHEW SRI.M.SALIM RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), REPRESENTED BY SECRETARY TO GOVERNMENT AND CONVENER DPC (HIGHER), GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 014. 4. SMT.K.SNEHALATHA DEVI, DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 014. R1-3 BY GOVERNMENT PLEADER SRI.K.J.JOSE ADIYODI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 31361 of 2007(H) ----------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE PROVISIONAL SENIORITY LIST OF GAZETTED OFFICERS (RELEVANT PORTION) EXT.P2. COPY OF THE GO DTD. 18.5.2007. EXT.P3. COPY OF THE REPRESENTATION DTD. 5.7.2007. EXT.P4. COPY OF THE JUDGMENT DATED 2.8.2007 IN WPC NO.22174 F 2007-M. EXT.P5. COPY OF THE REPRESENTATION DATD 16.8.2007. EXT.P6. COPY OF THE G.O. DATED 19.9.2007 EXT.P7. CPY OF THE G.O. DATED 2.4.4.2000 EXT.P8. COPY OF THE LETTER DATED 22.11.2007 OF THE 2ND RESPONDENT. EXTP9. COPY OF THE LETTER DATED 5.4.2008 OF THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. EXT.P10. COPY OF THE G.O. DATED 29.2.2008 EXT.P11. COPY OF THE JUDGMENT DATED 12.1.2007 IN WPC NO.27840 OF 2006.L EXT.P12. COPY OF TH CERTIFICATE OF MERIT DATED 21.8.2007 ISSUED BY THE 1ST RESPONDENT. ADDL.EXT.P13. COPY OF THE GO (RT) NO.4395/2010/G.EDN. DATED 14.0.10.2010 ADDL.EXT.P14. COPY OF ORDER NO.G (RT) NO.2554/2011/BEDN. DATED 6.7.2011 ADDL.EXTP15. COPY OF THE GO (P) N.188/11/G.EDN. DATED 5.9.2011 ALONG WITH FORWARDING LETTER DATED 6.9.2011 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS : NIL ------------------------------------ / TRUE CPY / P.A. TO JUDGE VK K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:31361 OF 2007 ----------------------------------------------------------- Dated this the 20th October, 2011. JUDGMENT The petitioner has filed an interlocutory application No: 16405/2011 seeking the issue of a direction to consider his name for promotion to the post of Additional Director of Public Instruction. According to the petitioner, he is the seniormost person in the cadre. He is now working as the Joint Director of Public Instruction. As per Ext.P13, disciplinary proceedings pending against the petitioner have come to an end and the service benefits that had been denied to him till date have been restored to him. He is also placed as serial No:1 in Ext.P15 select list of officers eligible for promotion to the post of Joint Director of Public Instruction. Therefore, according to the petitioner, he is entitled to be considered for promotion to the post of Additional Director of Public Instruction. According to the counsel for the petitioner, he limits the prayer in this writ petition to the issue of such a direction. 2. I have heard the learned Govt. Pleader also. He has no objection to such a direction being issued. WPC 31361/2007 2 3. In view of the limited relief that is claimed, this writ petition is disposed of directing the first respondent to consider the petitioner also for selection and promotion to the post of Additional Director of Public Instruction, as and when the post is proposed to be filled up. Writ petition is ordered accordingly. No costs. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 31361/2007 3