IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 36181 of 2010(W) PETITIONER: --------------- GEETHA KUMARI .S,SENIOR LECTURER, GOVT.COLLEGE OF NURSING, THIRUVANANTHAPURAM. BY ADV. SRI.V.PREMCHAND RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY HEALTH DEPARTMENT,SECRETARIAT, THIRUVANANTHPURAM 690001. 2. THE DIRECTOR OF MEDICAL EDUCATION DIRECTORATE OF MEDICAL EDUCATION MEDICAL COLLEGE PO,THIRUVANANTHPURAM 690001. 3. LUCIAMMA.V, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF NURSING, KOTTAYAM 686566. 4. JALAJA K.N, ASSISTANT PROFESSOR, GOVERNMENT COLLEGE OF NURSING, THIRUVANANTHAPURAM 690001. R1 AND R2 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO.36181 OF 2010 W ------------------------------------------------------ Dated this the 21st day of December, 2010 JUDGMENT The petitioner is working as Senior Lecturer in Government College of Nursing, Thiruvananthapuram. Probation of the petitioner was declared with effect from 3.9.1999. It is stated that the petitioner acquired M.Sc. Nursing in January, 2004 and that she is eligible and qualified to be promoted as Assistant Professor. The petitioner has a grievance that respondents 3 and 4 were promoted overlooking the claim of the petitioner. Learned counsel for the petitioner submitted that respondents 3 and 4 were promoted long back and therefore, at this point of time, the petitioner does not challenge their promotion as such. Therefore, notice to respondents 3 and 4 is not necessary. What the petitioner requires is consideration of her claim for promotion. It is submitted that the Departmental Promotion Committee was not convened and therefore, the chances of the petitioner getting promotion are curtailed. Pointing out her grievances, the petitioner submitted Ext.P4 representation dated 5.10.2010 before the second respondent and Ext.P5 representation dated 20.10.2010 before the first respondent. W.P.(C) NO.36181 OF 2010 :: 2 :: 2. The reliefs prayed for in the Writ Petition are the following: “(i) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to promote the petitioner as Assistant Professor on the basis of her seniority and eligibility forthwith. (ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to include the name of petitioner in the select list of persons to be promoted as Assistant Professor and convene the Departmental Promotion Committee for considering promotion. (iii) Issue a writ of mandamus directing respondents 1 and 2 to take steps to fill up the vacancies in the post of Assistant Professor in the Department of Medical Education forthwith. (iv) Issue a writ of mandamus directing respondents 1 and 2 consider and dispose of Exhibit P4 and Exhibit P5 respectively forthwith. (v) To issue any other order or direction as this Honourable Court may deem fit and proper in the nature and circumstances of the case.” W.P.(C) NO.36181 OF 2010 :: 3 :: 3. Heard the learned counsel for the petitioner and the learned Government Pleader. It is submitted by the learned counsel for the petitioner that, for the time being, it would be sufficient if Ext.P4 representation filed by the petitioner before the second respondent, the Director of Medical Education, is directed to be considered and disposed of expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The second respondent, the Director of Medical Education, shall consider and dispose of Ext.P4 representation dated 5.10.2010 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. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent. W.P.(C) NO.36181 OF 2010 :: 4 :: c) The petitioner shall send a copy of the judgment to respondents 3 and 4 by Registered Post and the petitioner shall produce proof of the same before the second respondent. (K.T.SANKARAN) Judge ahz/