IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 OP.No. 2144 of 2000(E) ------------------------------------ PETITIONER(S): ------------------------ V.VIDYADHARAN, PROFESSOR OF MRIDANGAM, SIT COLLEGE OF MUSIC, THYCAUD, TRIVANDRUM. BY SRI.M.P.RAMACHANDRAN NAIR, SENIOR ADVOCATE, BY ADV. SRI. DEVAN RAMACHANDRAN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVT. SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. THE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE, (PRINCIPAL SECRETARY, HIGHER EDUCATION, SECRETARIAT, TRIVANDRUM. 4. SMT. K.LALITHA, PROFESSOR OF VOCAL, GOVERNMENT MUSIC COLLEGE, TRIVANDRUM. R1 TO R3 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON CMP.NO.3444/2000 IN OP.NO.2144/2000 E CLOSED 21/03/2011 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS: P1: G.O.(P) NO.962/92/H.EDN. DTD. 23/06/1992. P2: RELEVANT PORTION OF THE SPECIAL RULES. P3: JUDGMENT IN O.P.NO.13861/96 A DTD. 14/10/1996. P4: COPY OF THE NOTIFICATION DTD. 14/12/1999. P5: SENIORITY LIST. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P. No.2144 OF 2000 --------------------------------------- Dated this the 21th day of March, 2011. J U D G M E N T This original petition is filed by the petitioner seeking promotion to the post of Principal of one of the Music Colleges in the existing vacancy. The pleadings in the writ petition show that a vacancy was expected to arise on 31.03.1998. Ext.P2 is the copy of the Special Rules for Kerala Collegiate Education Services. The petitioner challenged Ext.P2 Special Rules in a separate writ petition namely, O.P.No.3999/99. 2. Going by the age of the petitioner shown in the affidavit it was 53 at the time of filing of the original petition. Therefore, the petitioner had already retired from service. Apart from that, it is brought to my notice that O.P.No.3999/99 was disposed of by judgment dated 20.12.2005. After noticing that the petitioner had retired from service, this Court observed that in case the petitioner has any surviving grievance, it will be open to him to approach the Government in which case appropriate action in O.P. No.2144/2000 2 accordance with law in the matter will be taken, expeditiously. 3. In the light of the above direction, this original petition also will not survive. It is also brought to my notice that the 3rd respondent in the original petition Smt.K.Lalitha even though was promoted she died in the year 2000. Therefore, this original petition is closed in the light of the judgment in O.P.No.3999/99. T.R. RAMACHANDRAN NAIR JUDGE smp