IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 17449 of 2004(B) ------------------------------------------ PETITIONER: --------------------- M.LAILA BEEVI, AGED 46 YEARS, LECTURER (SENIOR GRADE) DEPARTMENT OF ELECTRICAL ENGINEERING, GOVERNMENT COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM. BY ADV. SRI.K.L.NARASIMHAN RESPONDENTS: ------------------------- 1. STATE OF KERALA - REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION (G) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION, OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, PAZHAVANGADI, THIRUVANANTHAPURAM. 3. SMT.S.USHA KUMARI, ASSISTANT PROFESSOR IN ELECTRICAL ENGINEERING, PAINAVU, IDUKKI. GOVERNMENT PLEADER SRI. T.T.MOHAMMED FOR R1 ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL FOR R3 SRI.PEARLY JOSE SRI.S.VISHNU SRI.MANOJ RAMASWAMY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17449/2004 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(MS) NO.97/2001/H.EDN. DTD. 21/08/2001. EXT.P2: COPY OF THE ORDER POSTING THE THIRD RESPONDENT DTD. 18/06/2002. EXT.P3: COPY OF THE REPRESENTATION BY THE PETITIONER BEFORE THE FIRST AND SECOND RESPONDENTS DTD. 14/04/2003. EXT.P4: COPY OF THE JUDGMENT IN WP(C) 33072/2003 DTD. 22/10/2003. EXT.P5: COPY OF THE REPRESENTATION BY THE PETITIONER TO THE FIRST RESPONDENT AFTER PRONOUNCEMENT OF THE JUDGMENT DTD. 1/12/2003. EXT.P6: COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DTD. 12/03/2004. RESPONDENT'S EXHIBIT: EXT.R3(A): COPY OF THE G.O.(RT) NO.1768/200/H.EDN. DTD. 27/10/2000 (RELEVANT PORTION). /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 17449 OF 2004 B = = = = = = = = = = = = = = = Dated this the 23rd day of September 2008 J U D G M E N T The claim of the petitioner is for promotion to the post of Assistant Professor, Electrical Engineering. 2. Petitioner is a Senior Grade Lecturer in the Government College of Engineering, Trivandrum. Along with others he was also included in Ext. P1 select list. According to the petitioner, three posts were created on 8.10.2001 and two of them were filled up on 27.12.2001 and Sl. Nos. 18 and 19 in Ext. p1 were promoted and posted. The third post was kept vacant and the petitioner submits that he filed representations claiming to be promoted against the third post. It is stated that the 3rd respondent who was continuing on deputation returned to the parent cadre on 14.3.2002 and thereafter was promoted and posted on 18.6.2002. It is stated that subsequent to this his claim was rejected by Ext. P6 and thereupon this writ petition has been filed. 3. According to the petitioner, the filling up of the third post was deferred only to make it available to the 3rd respondent, on his return from deputation. He contends that such action of the respondents is W.P.(C) No.17449 OF 2004 - 2 - vitiated by malafides and is intended to deprive him of the legitimate promotion consequent on the inclusion of his name in Ext. P1 select list. 4. However, the respondents would contend that the 3rd respondent admittedly is senior to the petitioner and was on deputation right from 21.5.1999. It is stated that while he was continuing so, he was promoted to the cadre of Assistant Professor as early as on 27.10.2000, but however, was not given posting. It is stated that Ext. P1 list ceased to be effective from 31.12.2001 and that it was thereafter that on 7.1.2002 that the Government granted administrative sanction for filling up the 3rd vacancy. It is stated that thereafter on the 3rd respondent returning from deputation, he was posted against the third post by order dated 186.2002. It is also stated that after 31.12.2002 petitioner can have no claim and at any rate, the claim raised by the petitioner is also belated in as much as Ext. P3 is the first representation that was made by him and that the same was only on 14.4.2003, which is long after Ext. P1 list becoming ineffective. 5. Heard both sides, admittedly, the claim of the petitioner is based on his inclusion in Ext. P1 select list. Claims, if any, of the petitioner could not have been continued beyond 31.12.2001 when the list became ineffective. Facts show that administrative sanction for filling up the post was granted by the Government only on 7.1.2002. As on that W.P.(C) No.17449 OF 2004 - 3 - date, petitioner could not have raised any claim on the basis of the inclusion of his name in Ext. P1 as the list had ceased to be effective on 31.12.2001. If that be so, when the 3rd respondent who was already promoted in 2001, was posted on 18.6.2002 against the 3rd vacancy, petitioner had no surviving claim to be posted as Asst. Professor, Electrical Engineering. That apart, even the representation made by the petitioner is only on 14.4.2003 when he submitted Ext. P3 this also much after Ext. P1 list becoming ineffective. 6. From the above facts it is evident that as on 7.1.2002 when administrative sanction was granted or on 18.6.2002 when the 3rd post was filled up, the petitioner had no valid claim to be enforced against the respondents for promotion as Asst. Professor, Electrical Engineering. Writ petition is only to be dismissed. I do so. ANTONY DOMINIC JUDGE jan/-