IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 24640 of 2010(D) ---------------------------------- PETITIONER(S): ------------------- 1. SHAJAHAN.S., TRADESMAN, COMPUTER ENGINEERING DEPARTMENT, CENTRAL POLYTECHNIC COLLEGE, VATTIYOORKAVU, THIRUVANANTHAPURAM. 2. SANTHOSH KUMAR.P.C., TRADESMAN, COMPUTER HARDWARE MAINTENANCE, GOVERNMENT POLYTECHNIC COLLERE, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. LOWER DEPARTMENTAL PROMOTION COMMITTEE FOR PROMOTION TO THE POST OF LECTURER IN COMPUTER BRANCH, REPRESENTED BY ITS CONVENER, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 24640/2010(D) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 14/03/2007 DECLARING PROBATION. P2: COPY OF THE JUDGMENT DATED 29/10/2007 IN W.A.NO.454/2007. P3: COPY OF ORDER DATED 06/10/2008. P4: COPY OF THE APPOINTMENT ORDER DATGED 18/03/2008 OF THE 1ST PETITIONER. P5: COPY OF THE APPOINTMENT ORDER DATED 03/07/2009 OF THE 2ND PETITIONER. P6: COPY OF THE FIELD OF CHOICE OF LECTURERS. P7: COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE DPC (LOWER) MEETING HELD ON 20/07/2010. P8: COPY OF G.O.(P)261/89 DATED 19/12/1989. P9: COPY OF THE REPRESENTATION DATED 22/07/2010 FILED BY 1ST PETITIONER. P10: COPY OF THE REPRESENTATION DATED 22/07/2010 FILED BY 2ND PETITIONER. P11: COPY OF THE MEMO DATED 18/12/2010 TOGETHER WITH THE INFORMATIONS ATTACHED ALONG WITH THE SAID MEMO. P12: COPY OF THE MINUTES OF THE DPC HELD ON 19/05/2006. P13: COPY OF THE LETTER DATED 01/12/2010. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.24640/2010-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of January, 2011 J U D G M E N T The petitioners have approached this Court seeking to quash Ext.P7 to the extent to which it rejects the case of the petitioners stating that the petitioners have not completed the period of probation of their service for promotion to the post of Lecturer (Computer Science). They also sought for a declaration that the petitioners are eligible to be included in the field of choice for appointment by transfer as Lecturer on the basis of their satisfactory completion of probation in the category of Last Grade Servants, in view of Ext.P8 amending Rules and the Special Rules for Kerala Technical Education Service. 2. An affidavit has been filed by the first respondent as directed by this Court which states as follows:- “3. It is submitted that the petitioners entered service in the cadre of Last Grade W.P.(C). No.24640/2010 -:2:- Servants in Technical Education Department and their probation in that cadre was declared. On appointment as Tradesman, the petitioners entered into a new probation period. The probation period of the 1st petitioner ended only on November 2010 and the 2nd petitioner has completed only one year. Hence their name could not be considered by the last Departmental Promotion Committee which was convened on 20/07/2010. Due to an oversight the petitioners were not considered to be appointed to the post of Lecturer in Polytechnic or equated categories by the Director, Technical Education as per the 3rd method of appointment, which is highly regretted. 4. No Departmental Promotion Committee (Lower) has been convened after 20/07/2010. To consider the petitioner's case on Ad-hoc Departmental Committee (Lower) meeting will be convened forthwith. The petitioners W.P.(C). No.24640/2010 -:3:- candidature will be considered for selection there and then. It is submitted that none of the juniors of the petitioners from the Last Grade Service were considered for promotion to the post of Lecturer in Polytechnic. For convening the meeting of the Departmental Promotion Committee, the Director, Technical Education has requested the Public Service Commission for the convenient date. The petitioners are included in the top of the field of choice.” 3. The learned counsel for the petitioners therefore submitted that since the petitioners are being considered for promotion, their grievances have been met. Therefore, the only direction required is to complete the process expeditiously. In that view of the matter, there will be a direction to the respondents to complete the process as indicated in paragraphs (3) and (4) of the counter affidavit by convening a Departmental Promotion Committee (Lower) W.P.(C). No.24640/2010 -:4:- expeditiously, at any rate, within two months. The writ petition is accordingly disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms