IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 1035 of 2008(W) -------------------------------------- PETITIONER(S): ------------------------ S.AJAYKUMAR, PRINCIPAL, COLLEGE OF FINE ARTS, THIRUVANANTHAPURAM. BY ADVS. MR.DEVAN RAMACHANDRAN MR.K.M.ANEESH RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.MUHAMOOD T.T. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1035/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DT. 16.5.02. P2:- COPY OF THE LETTER NO.EC2/8711/2000 DT. 6.10.01. P3:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. 26293/03 DT. 18.8.03. P4:- COPY OF THE G.O. (MS) NO.46/04 /H.EDN. DT. 31.3.04. P5:- COPY OF THE REPRESENTATION MADE BEFORE THE 2ND RESPONDENT DT. 6.7.04. P6:- COPY OF THE REPRESENTATION MADE BEFORE THE IST RESPONDENT DT. 28.3.07. R1(a):- MINUTES OF THE DEPARTMENTAL PROMOTION COMMITTEE MEETING (HIGHER) MET AT 4. 00 P.M. ON 9.2.04 AT THE CHAMBER OF THE MEMBER KPSE , TVM. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1035/2008-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of June, 2009 J U D G M E N T The petitioner herein is presently working as Principal of the College of Fine Arts, Thiruvananthapuram after obtaining promotion as such, as per Ext.P4. The petitioner has been promoted as Principal with effect from 31/03/2004. The petitioner has got a claim that he is entitled to be promoted as Principal with effect from 04/10/2001. Actually he was put in full additional charge of the Principal as per letter No.20946/JI/2001, dated 04/10/2001 (Ext.P2). Since the above state of affairs continued without any action, he approached this Court by filing W.P.(C).26293/2003 which was disposed of by Ext.P3 judgment. Therein the second respondent was directed to hold a meeting of the Departmental Promotion Committee and take a decision in regard to the appointment to the post of Principal, College of Fine Arts, Thiruvananthapuram considering the petitioner's case also within a time frame. Thereafter, Ext.P4 order was passed by the Government in accordance with the recommendations of the D.P.C. It is clear from Ext.P4 that the D.P.C met on 09/02/2004 pursuant to which a notification was issued by the Government as per G.O.(P). No.38/2004/H.Edn., dated 01/03/2004. W.P.(C). No.1035/2008 -:2:- 2. The learned counsel for the petitioner submitted that the denial of promotion of the petitioner with effect from 04/10/2001 is clearly unjustifiable. It is pointed out that the regular vacancy of the Principal arose with effect from 04/10/2001 and he was put in full additional charges of the post of the Principal. The delay if any in convening the meeting of the D.P.C cannot go against the interest of the petitioner. Only after the judgment was rendered the meeting of the D.P.C was convened. 3. The second respondent has filed a counter affidavit. In paragraph (3) of the counter affidavit it is stated that the D.P.C has not considered his claim for promotion with effect from the date on which he has assumed charge of the Principal as the judgment directed only to hold DPC (Higher)meeting to fill up the vacancy of Principal in College of Fine Arts considering the case of the petitioner also. It is clear that the direction in the judgment has not been correctly considered. No restriction was there to consider his claim from the date of taking charge and therefore the same ought to have been considered. There is no denial of the fact that a regular vacancy arose on 04/10/2001. There is also no denial of the fact that the petitioner was fully eligible for consideration of promotion to the post of Principal as on that date. Presently, going by Ext.P4, the promotion is ordered with effect from 31/03/2004, the date of Ext.P4 itself. The said date W.P.(C). No.1035/2008 -:3:- has neither relevance to the date of occurrence of the vacancy or any other criteria. Therefore, it is clear that the petitioner is entitled for promotion with effect from 04/10/2001 as no other objections for his claims have been pointed out in the counter affidavit also. 4. Hence, there will be a direction to the first respondent to convene a meeting of the adhoc DPC (Higher) and consider the claim of the petitioner for promotion with effect from 04/10/2001 in accordance with the findings rendered above. The same will be done within a period of four months from the date of receipt of the copy of this judgment. Appropriate final orders will be passed in accordance with the decision taken by the DPC by the first respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms