IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 27675 of 2007(T) --------------------------------------- PETITIONER(S): ----------------------- DR. P.JAYALEKSHMI, LECTURER IN SOCIOLOGY, REGIONAL CANCRE CENTRE, THIRUVANANTHAPURAM. BY ADVS. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): ------------------------- 1. THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM (CHAIRMAN EXECUTIVE COMMITTEE RCC). 2. THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR. R1 BY GOVT. PLEADER SRI.ANTONY MUKKATH R2 BY ADV. SRI.K.R.RADHAKRISHNAN NAIR , RCC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO. 27675/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.2030/ADMN. 1/2001/RCC DATED. 27.6.2001 OF THE 2ND RESPONDENT. P2:- COPY OF THE ORDER NO.G.O.(MS) 76/95/H&FWD DTD. 27.3.1995 OF THE IST RESPONDENT. P3:- COPY OF THE CIRCULAR NO.2030/2002/ADMN.I/RCD DTD. 22.10.2002 OF THE 2ND RESPONDENT. P4:- COPY OF THE COUTNER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN WP(C) 18914/2005. P5:- COPY OF THE JUDGMENT DTD. 18.7.07 IN WPC. 18914/2005 OF THIS HONOURABLE COURT. P6:- COPY OF THE COMMUNICATION DTD. 6.9.2007 FROM THE DIRECTOR OF THE RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 27675 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of July, 2011. J U D G M E N T The petitioner is a lecturer in the category of academic staff in the Regional Cencer Centre, Thiruvananthapuram, the 2nd respondent herein. The petitioner is seeking promotion to the post of Assistant Professor. 2. On 28.9.2010, on the submission of the learned counsel for the 2nd respondent, I passed the following order: “The learned counsel for respondent no. 2 submits that the petitioner has accepted promotion as Assistant Professor from 15.5.08 and requested for releasing the monetary benefit consequent to the promotion as Assistant Professor and therefore, the claim in the writ petition does not survive. The counsel for the petitioner is not present today.” On 29.9.2010, counsel for the petitioner took time to get instructions from his client on the submission made by the counsel for the 2nd respondent. Today, counsel for the petitioner submits that the petitioner is willing to accept promotion with effect from 15.5.2008 and monetary benefits arising therefrom, but the 2nd respondent has put a condition that for the same, the petitioner should withdraw the writ petition. Counsel for the 2nd respondent denies the same. Counsel for the 2nd respondent submits that the 2nd respondent is willing to give the petitioner promotion with effect from 15.5.2008 and disburse all monetary benefits arising from such promotion. W.P(C) No. 27675 of 2007 -: 2 :- In the above circumstances, the writ petition is disposed of recording the submission of the counsel for the 2nd respondent that the petitioner would be promoted as Assistant Professor with effect from 15.5.2008 and the petitioner would be given all monetary benefits arising from the said promotion. The same shall be done within a period of one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/