IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 4786 of 2009(T) ------------------------- PETITIONER --------------- DR.SUJA ANI.G, ASSOCIATE PROFESSOR OF ORTHODONTICS,DENTAL COLLEGE,THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJKUMAR SMT.SUSHYA RAJAN RESPONDENTS ---------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE (B)DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, (DME),THIRUVANANTHAPURAM. 3. THE PRINCIPAL,DENTAL COLLEGE, THIRUVANANTHAPURAM. 4. THE CONVENER,DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR MEDICAL EDUCATION SERVICE, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.4786 of 2009-T ------------------------------ Dated this the 6th day of April, 2009. J U D G M E N T Heard Sri.P.K.Manoj Kumar, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Associate Professor of Orthodontics in Dental College, Thiruvananthapuram. Her main grievance is that though she was promoted to the category of Associate Professor by Ext.P2 order dated 22.12.2006, her probation in the category of Associate Professor has not yet been declared. The petitioner submits that since the Head of Department who is the Reporting Officer was on leave and no one else had been appointed as the Head of the Department/Reporting Officer, the petitioner submitted her confidential report filling up the portions which she is required to fill up directly to the Reviewing Officer and that may be the reason why orders have not been passed declaring her probation in the category of Associate Professor. The petitioner has a further grievance that due to the delay on the part of the Government in passing orders declaring her probation, she is not W.P(C) No.4786 of 2009-T 2 likely to be considered by the Departmental Promotion Committee for promotion to the category of Professor in Orthodontics. On these grounds the petitioner prays for the following reliefs: “i) To issue a writ of mandamus or other appropriate writ order or direction directing respondents 1 to 3 to declare the probation of the petitioner in the post of Associate Professor in Orthodontics in the Dental Education Service forthwith; ii) To issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 to 3 to convene the Departmental Promotion Committee and to consider the petitioner for promotion to the post of Professor in Orthodontics in the dental Education Service. Iii) To issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 to 3 to take effective and immediate steps to transmit the relevant Confidential Report of the petitioner to the Departmental Promotion Committee for considering the petitioner for promotion to the post of Professor in Orthodontics in the Dental Education Service.” 3. A statement dated 17.3.2009 has been filed on behalf of the Joint Director of Medical Education stating that the confidential report submitted by the petitioner directly to the Reviewing Officer was retransmitted to the Reporting Officer for making assessment and gradings and that particular confidential report was received W.P(C) No.4786 of 2009-T 3 back by the Reporting Officer from the Reviewing Officer on 26.11.2008. It is further stated that in view of the adverse remarks made by the Reporting Officer in the confidential report, the Reviewing Officer returned the confidential report to the Reporting Officer to obtain the signature of the petitioner and the Reporting Officer in Part II thereof. It is also stated that the confidential report has been returned to the Reviewing Officer only on 17.2.2009 and that in view of the adverse remarks in the confidential report, declaration of probation can be considered by the Government only after considering all aspects of the matter. The petitioner has filed reply affidavit dated 26.3.2009 and produced Ext.P30 enquiry report exonerating her of the charges levelled against her by Dr.Babukuttan Pillai. Ext.P30 enquiry report discloses that the petitioner is not guilty of the charges levelled against her. The learned counsel for the petitioner submits that notwithstanding Ext.P30 enquiry report, adverse remarks against her were made in the confidential report. Since a decision is yet to be taken in the matter, I am not expressing any opinion on the merits of the rival contentions at this stage. The petitioner was admittedly promoted to the post of W.P(C) No.4786 of 2009-T 4 Associate Professor by Ext.P2 order dated 22.12.2006. The period of probation prescribed for the post of Associate Professor is one year on duty within a continuous period of two years. The said period has expired. The Government have therefore to pass final orders in the matter expeditiously. I accordingly dispose of this writ petition with a direction to the Secretary to Government, Health and Family Welfare Department to pass final orders in the matter of declaration of probation of the petitioner in the post of Associate Professor of Orthodontics within three months from today. The Secretary to Government, Health and Family Welfare Department shall while passing orders in the matter have due regard to the findings in Ext.P30 enquiry report. If the petitioner's probation in the category of Associate Professor is declared satisfactorily completed, the respondents shall consider her case also for promotion to the category of Professor of Orthodontics. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge W.P(C) No.4786 of 2009-T 5 ab