IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 21970 of 2008(M) PETITIONER: DR.K.AJITHA KUMARI AMMA, LECTURER, DEPARTMENT OF KRIYA SAREERA, GOVERNMENT AYURVEDA COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, AYURVEDA MEDICAL EDUCATION, AROGYABHAVAN,THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.21970 of 2008 M -------------------------------------- Dated this the 6th day of August, 2008. J U D G M E N T The petitioner is working as Lecturer in the Department of Kriya Sareera in the Government Ayurveda College, Thiruvananthapuram. She was originally appointed as Tutor in the Kriya Sareera Department on 25.11.2002. Petitioner has completed the probation on 25.11.2004. The post of Tutor was re-designated as Lecturer. 2. The Government has issued G.O.(P) No.264/2007/H&FWD dated 2.8.2007, revising the Special Rules for the Kerala State Ayurveda Medical Education (Teaching ) Service. Appointment to the category of Senior Lecturer (Assistant Professor), Kriya Sareera is by promotion from the category of Lecturer, Kriya Sareera, as per the Special Rules. Only in the absence of promotion, there would be direct recruitment. The petitioner states that she is fully qualified for being promoted as Senior Lecturer (Assistant Professor) in the Department of Kriya Sareera. 3. Requesting that the petitioner may be promoted as Senior Lecturer (Assistant Professor) in the Department of Kriya Sareera, the petitioner submitted Ext.P4 representation dated 26.10.2007 to the second respondent. In WP(C) No.21970/2008 2 Ext.P4 representation, reference has been made to Note (5) of Rule 5 of the Special Rules which provides that the teaching staff having Post Graduate Degree in Ayurveda in any subject on the date of coming into force of the Special Rules will be accepted as Post Graduate Degree in the subject concerned irrespective of their option of the Department. Ext.P4 was not disposed of by the second respondent. Later, the petitioner submitted Ext.P5 representation dated 27.3.2008 to the first respondent praying for issuing necessary directions to the second respondent granting promotion to the petitioner as Senior Lecturer (Assistant Professor). Ext.P5 is also not disposed of. 4. The reliefs prayed for in the Writ Petition are the following:- “i) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to promote the petitioner as Senior Lecturer (Assistant Professor) in Kriya Sareera forthwith. ii) issue a writ of mandamus or any other appropriate writ, direction or order declaring that the petitioner is entitled to be promoted to the post of Senior Lecturer (Assistant Professor) in Kriya Sareera in accordance with her seniority and qualification. WP(C) No.21970/2008 3 iii) and grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case including costs.” 5. The learned counsel for the petitioner would submit that the authority who has to pass orders for promotion as Senior Lecturer (Assistant Professor) is the first respondent, under Rule 6 of the Special Rules. Ext.P5 is already pending before the first respondent. For the time being, the petitioner confines the reliefs to a direction to the first respondent to dispose of Ext.P5 representation, after affording an opportunity of being heard to the petitioner. In the facts and circumstances of the case, the Writ Petition is disposed of as follows:- (i) The first respondent shall dispose of Ext.P5 representation dated 27.3.2008 as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to the petitioner. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. WP(C) No.21970/2008 4 (iii) The petitioner shall be free to produce such other documents and materials which are relevant in the matter before the first respondent. K.T. SANKARAN, JUDGE. cks