IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 33730 of 2010(M) ------------------------------------------ PETITIONER(S): ------------------------- SURENDREN V.K., WORKSHOP INSTRUCTOR, GWPTC, KOTTAKKAL, MALAPPURAM. BY ADV. SRI.RAJESH NAIR RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-23. 2. THE PRINCIPAL SECRETARY, HIGHER EDUCAITON DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 3. DR.AJAYAKUMAR KODOTH, MEMBER, KERALA PUBLIC SERVICE COMMISSION, OFFICE OF KERALA PSC, THIRUVANANTHAPURAM. 4. MR.CYMON WESTER, DEPUTY SECRETARY TO GOVERNMENT, HIGHER EDUCATIONAL (L) DEPARMENT, GOVERNMENT OF KERALA, (MEMBER DPC (L)) 5. DEPARTMENTAL PROMOTION COMMITTEE (L) REPRESENTED BY ITS CHAIRMAN, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-23. R1,R2 & R5 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33730/2010 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE G.O.(RT) NO.926/04/H.EDN. DTD. TVM 12/07/04. P2: COPY OF G.O.(RT) NO.1986/2007/H.EDN. DTD. TVM. 24/08/2007. P3: COPY OF THE ORDER NO.30637/L3/07/H.EDN. DTD. TVM 15/11/2008. P4: COPY OF G.O.(RT) NO.1698/08/HEDN. DTD. TVM 17/11/2008. P5: COPY OF THE REPLY LETTER FROM THE STATE INFORMATION OFFICER, OFFICE OF DTE, UNDER RIAcT. P6: COPY OF G.O.(RT) NO.1949/2009/H.EDN.TVM. DTD. 20/11/2009. P7: COPY OF THE FINAL SENIORITY LIST INCLUDED IN ORDER NO.EG1/ 3625/DTE DTD. TVM 12/01/10. P8: COPY OF THE JUDGMENT DTD. 2/06/2010 IN WP(C) NO.2923/10 OF THE HON'BLE HIGH COURT OF KERALA. P9: COPY OF GO.(RT) NO.849/10/H.EDN. DTD. TVM.3/05/2010 ISSUED BY THE 2ND RESPONDENT. P10: COPY OF THE INTERIM DIRECTION DTD. 24/03/2010 IN WP(C)NO.10014/10 BY THE HON'BLE HIGH COURT OF KERALA. P11: COPY OF THE RELEVANT PAGES OF THE PROMOTION ORDER NO. EC2/30817/2010/DTE(i)TVM DTD. 24/07/2010. P12: COPY OF THE PROMOTION ORDER NO.EC2/30817/2010/DTE (ii) TVM DTD. 24/07/2010. P13: COPY OF THE PROMOTION ORDER NO.EC2/30817/2010/DTE (iii) TVM DTD. 18/08/2010. P14: COPY OF THE REPRESENTATION DTD. 20/09/2010 BY THE PETITIONER TO THE AUTHORITIES. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.T.SANKARAN, J. ------------------------------ W.P.(C).No.33730 OF 2010 ------------------------------ Dated this the 18th day of November, 2010 JUDGMENT The case of the petitioner is the following: He is working as Workshop Instructor in GWPTC, Kottakkal, under the Technical Education Department. The petitioner acquired B.Tech Degree in Mechanical Engineering on 5.1.2007. He became eligible for getting promotion to the post of Lecturer in GPTC or equated categories in Mechanical Engineering. According to the petitioner, as on 31.12.2008, there were 23 retirement vacancies and 5 promotion vacancies of Lecturer in GPTC and equated categories in Mechanical Engineering. In Ext.P7 final seniority list, the petitioner was included as serial No.17. Exts.P11, P12 and P13 are the orders issued by the Government promoting certain candidates. According to the petitioner, in Exts.P11 to P13, some factual mistakes had crept in. Up to 31.12.2008, there were W.P.(C).No.33730 OF 2010 2 23 retirement vacancies and 5 promotion vacancies for the post of Lecturer and equated categories. The petitioner being serial No.17 in the final seniority list, he should have been promoted. However, the petitioner was not promoted. The reason stated by the petitioner for such a situation is that candidates who acquired B.Tech and who were included in the 2009 seniority list were also considered for promotion against the aforesaid 28 vacancies, which occurred before 31.12.2008. In other words, persons who acquired the necessary qualification after the date of occurrence of vacancy were also promoted. Pointing out these aspects, the petitioner submitted Ext.P14 representation dated 20.9.2010 to the respondents. Ext.P14 has not been disposed of so far. 2. The relief prayed for in the Writ Petition is to issue a writ of mandamus directing the second respondent to consider and dispose of Ext.P14 representation within a time frame. W.P.(C).No.33730 OF 2010 3 In the facts and circumstances, the Writ Petition is disposed of as follows: The second respondent shall consider and dispose of Ext.P14 representation submitted by the petitioner, as expeditiously as possible, and at any rate within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and any other affected party. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent. K.T.SANKARAN, JUDGE. cms