IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9423 of 2009(W) --------------------------------------- PETITIONER(S): ------------------------- G.VIJAYAN, NOW WORKING AS ASSISTANT PROFESSOR IN VOCAL MUSIC SHRI SWATHI THIRUNAL COLLEGE OF MUSIC, THIRUVANANTHAPURAM. BY ADVS. MR.G.HARIHARAN, MR.PRAVEEN.H. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM. 4. PRINCIPAL, SHRI. SWATHI THIRUNAL COLLEGE OF MUSIC, THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.9423 of 2009 -------------------------------------- Dated 24th March, 2009 JUDGMENT Heard Sri.G.Hariharan, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The learned counsel appearing for the petitioner submits that the Additional Director of Collegiate Education has in Ext.P3 letter addressed to the Principal Secretary to the Government, Higher Education Deparment, recommended that the post of Additional Professor should be retained to safeguard the promotional avenues of persons like the petitioner. In this writ petition, the petitioner inter alia prays for a direction to the State Government to consider the request made by him in Ext.P1 and to take a decision thereon expeditiously. The learned Government Pleader appearing for the respondents submits that the Government will consider the request made by the petitioner in Ext.P1 in accordance with the relevant rules and take a decision thereon expeditiously. 3. In the light of the said submission, I dispose of this writ petition with a direction to the Secretary to Government, Higher Education Department to consider the request made by the petitioner in Ext.P1 WP(C).No.9423/2009 2 representation and to take a decision thereon in accordance with law, after affording the petitioner a reasonable opportunity of being heard. The Secretary to Government Higher Education Department shall, while passing orders in the matter, consider the views expressed by the Additional Director of Collegiate Education in Ext.P3 letter dated 28.6.2008. Final orders in the matter shall be passed within two months from the date of receipt of a copy of this judgment. If the Government finds that the claim of the petitioner is acceptable, he shall be given all consequential benefits except payment of arrears of salary. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS