IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 29697 of 2010(J) ---------------------------------- PETITIONER(S): ------------------- DR.P.J.GEORGE AGED 55, S/O.P.V.JOHN, WORKING AS PROFESSOR, GOVERNMENT AYURVEDA COLLEGE, THIRUVANANTHAPURAM, RESIDING AT POOTHAVELIL HOUSE, UDAYAMPEROOR, ERNAKULAM DISTRICT. BY ADV. SRI.P.A.MOHAMMED SHAH RESPONDENT(S): --------------------- 1. STATE OF KERALA REP.BY SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. DIRECTOR, AYURVEDA MEDICAL EDUCATION AROGYABHAVAN, THIRUVANANTHAPURAM– 695 001.. 3. DEPARTMENTAL PROMOTION COMMITTEE FOR THE POST OF PRINCIPAL, GOVERNMENT AYURVEDA MEIDCAL COLLEGES BY ITS CONVENER, SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT THIRUVANANTHAPURAM– 695 001.. BY GOVT.PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011, ALONG WITH WPC.NO.5513/2011 WPC.NO.4611/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)Nos. 29697/10, 4611/11 & 5513/11 ----------------------------------------------------- DATED THIS THE 3rd DAY OF MARCH, 2011 J U D G M E N T The petitioner in W.P.(C)No.29697/10 and W.P.(C)No. 4611/11 is the same. He is working as Professor in the Government Ayurveda College Thiruvananthapuram. In W.P.(C) No.29697/10, the petitioner mainly sought for a direction to promote him to the post of Principal and appoint him as Principal in the Government Ayurveda College, Kannur. 2. In W.P.(C)No.4611/11, the petitioner approached this Court in the light of the fact that the Departmental Promotion Committee has adopted procedures under Rule 28B(i)(7) of Part II of KS & SSR. It appears that the Vigilance Department had taken some steps for registering a case against him. Ultimately, the vigilance enquiry was dropped and the matter was referred to the Government for deciding the scope of any disciplinary action to be taken against the petitioner. It is pointed out that the petitioner is due to retire from service on 30.4.2011. The petitioner therefore sought for a direction not to promote the W.P.(C).NO.29697/10 & Con.cases :2:- juniors of the petitioners temporarily or permanently to the post of Principal,Government Ayurveda College, Kannur till finalisation of Exhibit P10 memo of charges. 3. While admitting the Writ Petition,this Court passed an interim order dated 11.2.2011. Therein, this Court directed the respondents not to fill up one post of Principal for a period of 10 days and the order was being extended from time to time. 4. The petitioner in W.P.(C)No.5513/11 is additional 5th respondent in W.P.(C)No.4611/11. The said petitioner is junior to the petitioner in W.P.(C)No.4611/11. The grievance raised by the petitioner in W.P.(C)No.5513/11 was regarding the direction of this Court in the interim order passed in W.P.(C)No.4611/2011 which compelled the respondents to keep one post of Principal vacant. The petitioner in W.P.(C)No.5513/11 is also due to retire from service on 30.4.2011. But, the learned counsel for the petitioner pointed out that her claim has already been cleared by the DPC and if the petitioner in W.P.(C)No.4611/11 is not getting the promotion, she is the rightful claimant. W.P.(C).NO.29697/10 & Con.cases :3:- 5. The learned Government Pleader produced before me for perusal a communication dated 1.3.2011 wherein the decision of the Government to drop the disciplinary action against the petitioner in W.P.(C)No.4611/11 and the further decision to give him due promotion has been recorded. In the light of the fact that disciplinary action against the petitioner in W.P.(C)No. 4611/11 has been dropped and the Government is taking steps to promote him,recording the same, the Writ Petitions are closed. If any further vacancy arises, the claim of the petitioner in W.P. (C)No.5513/11 will be examined and appropriate steps will be taken. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge