IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 15633 of 2008(J) -------------------------- PETITIONER: ------------ R.CHANDRAN , JUNIOR SUPERINTENDENT MEDICAL COLLEGE OFFICE,MULAKUNNATHU KAVU, THRISSUR. BY ADV. SRI.H.BADARUDDIN SMT.AYSHA RAHMAN RESPONDENTS: ------------- 1. STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL,MEDICAL COLLEGE, THRISSUR. BY G.P. SMT.T.B.REMANY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.15633 of 2008 J -------------------------------------- Dated this the 12th day of June, 2008. J U D G M E N T The petitioner is working as Junior Superintendent in Medical College Office at Mulakunnathukavu, Thrissur. It is stated that the petitioner joined in Government service on 14.12.1983 in the Department of Medical Education. His probation was completed as on 22.12.1985. It is also stated that when the Director of Medical Education promoted certain employees as Upper Division Clerks, one Smt.Mable Franco S., Junior Superintendent, Medical College, Thiruvananthapuram and two others filed O.P.No.32565/2000 before this Court for a declaration to the effect that the petitioners therein were entitled to be placed over respondents 3 to 6 therein in the cadre of Upper Division Clerks. O.P.No.32565/2000 was disposed of by Ext.P4 judgment dated 18.5.2005 declaring that Smt.Mable Franco and two others were entitled to be assigned ranks and seniority over respondents 3 to 6 therein in the category of Upper Division Clerks. It was also held that the petitioners therein would be entitled to get all consequential promotions and service benefits. WP(C) No.15633/2008 2 2. The contention of the petitioner is that the petitioner is also entitled to the same benefit as declared in Ext.P4 judgment dated 18.5.2005. The petitioner also states that he has made several representations. Ext.P6 is one among such representations. 3. The reliefs prayed for in the Writ Petition are the following:- “(i) issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to afford the petitioner a notional promotion that he claimed in Ext P6 representation on the basis of his eligibility claimed as per the dictum that laid down in Ext P4 judgment in O.P.32565/2000(B) of this Hon'ble High Court, as expeditiously as possible within a time frame manner with an opportunity of being heard to the petitioner by taking note of Ext.P4 judgment and Ext P5 Government Order. (ii) to grant such other further reliefs as that are warranted under the law as this Hon'ble Court may deem fit and proper in the interest of justice.” WP(C) No.15633/2008 3 4. The learned Government Pleader, on written instructions, submits that the representation submitted by the petitioner was examined in detail and it was found that the petitioner who entered in the Medical Education service on 14.12.1983 as Lower Division Clerk and whose probation was declared on 22.12.1985, was eligible for promotion in the vacancy that arose on or after 22.12.1985. It is also stated that the petitioner is not eligible for promotion on 16.8.1985. The further statement by the learned Government Pleader is that the seniority of the petitioner was re-assigned as Sl.No.1 from Sl.No.17 and the revised seniority list was issued as per order No.E1/31339/06/DME dated 23.11.2006. In view of the submission made by the learned Government Pleader, the grievance of the petitioner is substantially satisfied. Therefore, the Writ Petition has become unnecessary. It is accordingly closed. It is made clear that if any further grievance of the petitioner subsists, the disposal of this Writ Petition would not stand in his way for taking appropriate steps for the redressel of his grievance. K.T. SANKARAN, JUDGE. cks