IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 24237 of 2011(D) -------------------------------- PETITIONER: -------------- DR.A.PRASAD, ASSOCIATE PROFESSOR, DEPARTMENT OF BOTANY, GOVERNMENT COLLEGE, CHAVARA, KOLLAM DIST-691583. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695001. 3. DEPARTMENTAL PROMOTION COMMITTEE, REPRESENTED BY THE CONVENER, FOR SELECTION TO THE POST OF PRINCIPAL, SECRETARIAT, THIRUVANANTHAPURAM-695001. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.24237/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXHIBIT-P1: TRUE COPY OF THE ADVICE MEMO DATED 1.9.1983. EXHIBIT-P2: TRUE COPY OF THE SENIORITY LIST OF LECTURER IN BOTANY. EXHIBIT-P3: TRUE COPY OF THE REPRESENTATION DATED 23.2.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P4: TRUE COPY OF THE COVERING LETTER DATED 24.2.2010. EXHIBIT-P5: TRUE COPY OF THE INTEGRATED SENIORITY LIST OF SELECTION GRADE LECTURERS PUBLISHED ALONG WITH ORDER DATED 27.1.2004. EXHIBIT-P6: TRUE COPY OF THE ORDER DATED 8.2.2006. EXHIBIT-P7: TRUE COPY OF THE REPRESENTATION DATED 7.6.2011. EXHIBIT-P8: TRUE COPY OF THE REPRESENTATION DATED 9.6.2011 SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT-P9: TRUE COPY OF THE REPRESENTATION DATED 29.6.2011 SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT-P10: TRUE COPY OF THE SELECT LIST PUBLISHED ON 1.7.2011. EXHIBIT-P11: TRUE COPY OF THE MEMO DATED 4.7.2011. EXHIBIT-P12: TRUE COPY OF THE MEMO DATED 29.7.2011. EXHIBIT-P13: TRUE COPY OF THE REPRESENTATION DATED 17.8.2011. EXHIBIT-P14: TRUE COPY OF THE ORDER DATED 26.8.2011. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24237 OF 2011 --------------------------------------- Dated this the 3rd day of December, 2011. J U D G M E N T The petitioner, who is working as Associate Professor in the Department of Botany, Government College, Chavara, seeks for quashing of Ext.P14 to the extent to which it does not appoint the petitioner as Principal and to the extent it appoints the juniors to the petitioner as Principals. 2. This Court passed an interim order dated 27.09.2011 wherein the submission of the learned Government Pleader that steps will be taken to convene ad hoc Departmental Promotion Committee within one month was recorded and a direction was issued to the 1st respondent to consider the petitioner's claim for provisional promotion under Rule 31(a) (i) of Kerala State and Subordinate Service Rules, 1958. 3. Along with I.A.No.19208/2011, the petitioner has produced Ext.P15, a copy of G.O.(P) No.305/2011/H.Edn dated 31.10.2011, whereby the petitioner's name is included as W.P.(C) No.24237/2011 2 Sl.No.22(a) just below Sl.No.22 Dr.V.Prabhakaran and just above Sl.No.23 Dr.R.Pushpakumari in the select list of Deputy Director of Collegiate Education, Principal (Spl.Gr.) Ext.P16 is the order by which the petitioner is granted consequential promotion also. It is evident that the petitioner has obtained the benefits of retrospective notional promotion. In that view of the matter, no further orders are called for in the writ petition. This writ petition is closed recording the above. T.R. RAMACHANDRAN NAIR JUDGE smp