IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 17218 of 2011(B) -------------------------------- PETITIONER: -------------- SANTHOSH ALIAS, S/O. V.P.ALIAS, AGED 35 YEARS, TRADES MAN-WELDER, MA COLLEGE OF ENGINEERING, KOTHAMANGALAM. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMSA RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695001. 3. THE JOINT DIRECTOR TECHNICAL EDUCATION, OFFICE OF THE REGIONAL DIRECTOR OF TECHNICAL EDUCATION, POST CHELAD-686681, KOTHAMANGALAM. 4. THE MANAGER, M A COLLEGE OF ENGIEERING, KOTHAMANGALAM-686691. 5. SRI. K.S.SHIJI MON, TRADES MAN-WELDER, M A COLLEGE OF ENGINEERING KOTHAMANGALAM-686691. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17218/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER OF APPOINTMENT OR PETITIONER DTD. 4.9.07. EXT. P2 : COPY OF ORDER No.A2/2542/07 OF REGIONAL DIRECTOR DTD. 20.2.08. EXT. P3 : COPY OF DECLARATION OF PROBATION OF PETITIONER DTD. 29.9.09. EXT. P4 : COPY OF ORDER No.B1-1287/2011 OF MANAGER DTD. 1.5.11. EXT. P5 : COPY OF ORDER No.DP2/12812/2011/DTE OF R2 DTD. 10.5.11. EXT. P6 : COPY OF PETITION FILED BEFORE R3 DTD. 1.6.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17218 OF 2011 --------------------------------------- Dated this the 27th day of June, 2011. J U D G M E N T The petitioner is working as Tradesman -Welder in the M.A College of Engineering, Kothamangalam. The appointment of the petitioner has been approved with effect from 04.09.2007. The appointment was in the promotion vacancy of Sri.K.K.Raju, Tradesman-Welder. It is pointed out that the said person has retired from service on 31.03.2011 as Trade Instructor Grade II. The petitioner is now claiming promotion to the said post. It is pointed out that ignoring his claim, the Management has promoted the 5th respondent who is from another Trade. 2. The petitioner is relying upon Ext.P5 communication issued by the Director of Technical Education to the effect that the 5th respondent is not qualified for the post and he cannot be promoted against the above retirement vacancy. Thereafter, the petitioner approached the Management and the 3rd respondent seeking for appropriate reliefs with regard to the grant of W.P.(C) No.17218/2011 2 promotion. 3. Learned counsel for the petitioner submitted that as the Management is not implementing Ext.P5 and promoting the petitioner, the 3rd respondent may be directed to take a decision on Ext.P6 representation. There will be a direction to the 3rd respondent to take a decision on Ext.P6 representation, after hearing the petitioner and the respondents 4 and 5, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. It made clear that this Court has not expressed anything on the merits of the matter. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp