IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 18849 of 2008(R) -------------------------------------- PETITIONER(S): ---------------------- S. RAJENDRA PRASAD, S/O. P. SANKARA PILLAI, AGED 39, ASSISTANT ENGINEER (MECHANICAL), MECHANICAL SUB DIVISION, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA. BY ADV. MR.S.SREEKUMAR RESPONDENT(S): ------------------------ 1. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, REP. BY ITS REGISTRAR. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIERSITY, VELLANIKKARA, KAU P.O, THRISSUR DIST. 3. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, KAU P.O. 4. THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, REP. BY ITS REGISTRAR. R1 TO R4 BY ADV. MR.RENJITH THAMPAN,SC,KERALA AGRL.UTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 18849/2008-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION DATED 16/08/2003 ISSUED BY 1ST RESPONDENT. EXT.P2: COPY OF THE ORDER DATED 11/07/2000 ISSUED BY 1ST RESPONDENT. EXT.P3: COPY OF THE ORDER DATED 28/05/2004 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE INTERIM ORDER DATED 25/05/2004 BY THIS HONOURABLE CORT. EXT.P5: COPY OF THE JUDGMENT IN W.A. NO. 952/2004 DATED 27/05/2004. EXT.P6: COPY OF THE ORDER DATED 15/01/2005 ISSUED BY THE 3RD RESPONDENT. EXT.P7: COPY OF THE REPRESENTATION DATED 27/03/2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P8: COPY OF THE LETTER DATED 16/09/2008 ISSUED BY 2ND RESPONDENT. EXT.P9: COPY OF THE JUDGMENT IN W.P.(C). NO. 13752/2004 DATED 21/11/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18849/2008-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of May, 2009 J U D G M E N T The petitioner is working as Assistant Engineer (Mechanical) under the respondents. The further promotion is to the post of Assistant Executive Engineer (Mechanical). The main prayer in the writ petition is for a direction to the respondents to promote the petitioner to the post of Assistant Executive Engineer (Mechanical). The petitioner has approached the respondents by filing Ext.P7 representation and since no action was taken this writ petition is filed. 2. Along with I.A.No.4606/2009, the petitioner has produced Ext.P8 which is the reply submitted by the Registrar of University to the representation submitted by the petitioner stating that the request for promotion can be considered only after receiving the final verdict of W.P. (C).No.13752/2004. Ext.P9 is the copy of the judgment in W.P.(C). No.13752/2004 wherein the petitioner herein was the fourth respondent. That writ petition was dismissed. Therefore, the objection regarding that matter does not survive. 3. Pursuant to the directions issued by this Court, the respondents have filed a statement wherein it is stated that at present the University does not require to fill up this post, Assistant Executive Engineer (Mechanical), W.P.(C). No.18849/2008 -:2:- and that the University has not taken any steps to convert the post of Assistant Executive Engineer (Mechanical) to that of Assistant Executive Engineer (Civil) at present. 4. The learned Standing Counsel for the University submits that as of now they have not taken any steps to fill up the post of Assistant Executive Engineer (Mechanical) and therefore, no direction could be issued at this stage to grant promotion to him. 5. The learned counsel for the petitioner submitted that the University may be directed to consider his claim as and when they decide to fill up the post. It is also prayed that the University may be directed not to convert the post of Assistant Executive Engineer (Mechanical) to Assistant Executive Engineer (Civil) as undertaken in the statement. 6. Therefore, the writ petition is disposed of directing that in the event of the respondents filling up the post of Assistant Executive Engineer (Mechanical), the claim of the petitioner for promotion will be considered in accordance with the rules. The undertaking that the University has not taken any steps to convert the post of Assistant Executive Engineer (Mechanical) to that of Assistant Executive Engineer (Civil) is recorded. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms