IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WA.No.399 of 2008 ---------------------- AGAINST THE JUDGMENT IN O.P.8933/2003 Dated 26/10/2007 .................... APPELLANT: NOT A PARTY TO THE OP: -------------------------------------------- T.K.ABDUL KADER, ASSISTANT EXECUTIVE - ENGINEER (CIVIL), ENGINEERING DIVISION, K.C.A.E.T., THAVANOOR, MALAPPURAM DISTRICT. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL RESPONDENTS: PETITIONER & RESPONDENTS 1 TO 4 IN THE OP: ---------------------------------------------------------------------------- 1. MUHAMMED IRSHAD.B, ASSISTANT ENGINEER (CIVIL), ENGINEERING DIVISION, KERALA AGRICULTURAL UNIVERSITY, PANANGAD P.O., ERNAKULAM DISTRICT. 2. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KERALA AGRICULTURAL UNIVERSITY P.O., VELLANIKKARA, THRISSUR DISTRICT. 3. K.V.RAMANUNNI, ASSISTANT EXECUTIVE ENGINEER (CIVIL), ENGINEERING SUB DIVISION, KERALA AGRICULTURAL UNIVERSITY,KERALA AGRICULTURAL UNIVERSITY P.O., VELLANIKKARA,THRISSUR DIST. NOW RETIRED &R/AT KOLLIYATTIL HOUSE, KANNAMKULANGARA P.O., KOORKANCHERY, THRISSUR DISTRICT. 4. VIJAYAKUMARI.M., ASSISTANT ENGINEER (HR.GRADE-I), ENGINEERING DIVISION, K.L.A.E & T, THAVANOOR, MALAPPURAM DIST. NOW R/AT 'AYSWARYA', THENGUMOOCHI, VELLANIKKARA, THRISSUR, NOW ASST. EXECUTIVE ENGINEER, ENGINEERING SUB DIVISION, COVAS-POOKOT, P.O.LAKKIDI, WYNAD DISTRICT. WA.No.399 of 2008 -2- 5. SALI.C.I., ASSISTANT ENGINEER, ENGINEERING SUB DIVISION, KERALA AGRICULTURAL UNIVERSITY, THRISSUR DISTRICT, NOW AT MANNUTHY, THRISSUR. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R1 SMT.N.SANTHA FOR R1 SRI.RENJITH THAMPAN - R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. Nos.399 of 2008, 3014 of 2007, 33 of 2008, 130 of 2008, 136 of 2008 and 2869 of 2007 ------------------------------------------------ Dated this the 28th day of October, 2008 JUDGMENT Koshy, J In all these writ appeals, the judgment of the learned Single Judge dt.26/10/07 is challenged. Some of the appellants were not parties to the writ petition. The learned Single Judge in the impugned judgment directed the first respondent/University to issue orders promoting the petitioners in the writ petition as AEE (civil) with effect from 01/07/2002. Writ Appeals were filed against that judgment and the Division Bench of this Court considered the matter in detail after hearing the petitioner and it was ordered as follows:- W. A. No.399 of 2008 and con. cases -2- “It is well settled that for want of qualified hand, if a higher post is filled up by a senior unqualified hand, the claim of the incumbents in the feeder category for promotion as soon as they become qualified has to be considered. In view of the above position, we clarify that claim of the appellant, first respondent and others in the feeder category for promotion to the vacancy occupied by the temporary promotee and the vacancies that arose subsequently shall be considered in accordance with law by the competent authority of the University within one month from the date of production of a copy of this order.” 2. We are of the view that the above order of the Division Bench correctly gives direction regarding the manner by which promotions can be made. It is submitted that consequent to the above order fresh order was passed by the University on 23/06/08. It is also submitted that the order is challenged by some of the parties. We are not going to the merits of the consequent orders but how promotion should be effected are made clear in the order of the Division Bench. Therefore, the correctness of the consequent order can be W. A. No.399 of 2008 and con. cases -3- challenged by the aggrieved parties, if any, and we are of the view that the impugned judgment is no longer in force in view of the interim order passed and consequent orders passed. Hence, all the appeals are disposed of accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-