IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 15915 of 2011(L) ------------------------------------ PETITIONER(S): ----------------------- DR.HABEEB MOHAMED, LECTURER IN GENERAL SURGERY, MEDICAL COLLEGE, KOZHIKODE. BY ADVS. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): ----------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM- 695 001. 3. DR.V.GEETHA, DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM- 695 001. 4. THE PRINCIPAL, MEDICAL COLLEGE, CALICUT- PIN 673 001. R1 & R2 & R4 BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.15915/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.EA3/120696/2000/DHS/DATED 12.1.2001. P2:- COPY OF THE ORDER NO.EA3/120696/2002/DHS DTD. 9.5.2003. P3:- COPY OF THE ORDER NO.F5/13031/2002 DTD. 25.4.2003. P4:- COPY OF THE ORDER NO.A1 12003/03 DTD. 6.6.03. P5:- COPY OF THE ORDER NO.E2/7134/2003/NCC DTD. 10.6.2003. P6:- COPY OF THE REQUEST DTD. 10.8.2005. P7:- COPY OF THE ORDER NO.2601/B3/06/H&FWD DTD. 2.3.07. P8:- COPY OF THE NO.F5/14207/08/DME DTD. 19.12.2008. P9:- COPY OF THE COMMUNICATION BEARING NO.CA/75105/MCC DTD. 10.9.2009. P10:- COPY OF THE COMMUNICATION BEARING NO.FS/14287/10/DME DTD. 28.7.2010. P11:- COPY OF THE LETTER BEARING NO.E2/11980/2010/MCC DTD. 18.8.2010. 12:- COPY OF THE REPORT SUBMITTED BY THE ENQUIRY COMMITTEE. P13:- COPY OF THE ORDER DTD. 17.5.2010 IN WPC. NO.14885/2010. P14:- COPY OF THE LETTER NO.F5/1827/2008/DME DTD. 1.10.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15915/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of July, 2011 J U D G M E N T The petitioner herein is working as Lecturer in General Surgery in Medical College, Kozhikode. The complaint raised in this writ petition is that there had been undue delay in declaring the probation in service in the entry cadre. The second prayer in the writ petition is for a direction to the respondents to promote the petitioner as Assistant Professor in Surgery with effect from the date on which such promotion was due to him had his probation been declared in the year 2005 and further to disburse the monetary benefits arising therefrom with interest at the rate of 12% per annum. 2. The learned Government Pleader produced before me for perusal, the copy of the proceedings of the Director of Medical Education dated 16/06/2011 declaring that the petitioner has satisfactorily completed probation with effect from the forenoon of 07/06/2005. W.P.(C). No.15915/2011 -:2:- 3. It is submitted by the learned counsel for the petitioner that the same will satisfy the claims of the petitioner. It is further submitted that in the light of the declaration of probation, his claim for promotion in the Assistant Professor cadre may be directed to be considered. It is submitted that the matter is pending now before the Director of Medical Education for approval of the promotion also. 4. Therefore, appropriate decision will be taken and communicated to the petitioner by the second respondent within a period of one month. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms