IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WA.No. 2338 of 2008 --------------------- AGAINST THE JUDGEMENT IN WPC.2408/2006 Dated 22/10/2008 .................... APPELLANT: PETITIONER ------------------------ T.R.MADHUSUDANAN NAIR,ASSISTANT LECTURER DEPARTMENT OF CIVIL ENGINEERING, N.S.S.POLYTECHNIC PANDALAM, RESIDING AT CHAITRAM,KONNAMANKARA, ADOOR BY ADV. SRI.N.SUGATHAN SRI.RASHEED C.NOORANAD SMT.VARSHA BHASKAR RESPONDENTS: RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY THE COMMISSIONER AND THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVT.OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHINCAL EDUCATION, OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE CHAIRMAN, N.S.S.POLYTECHNIC GOVERNING BODY, N.S.S.COLLEGES, CENTRAL COMMITTEE, N.S.S.HEAD OFFICE,PERUNNAI, CHANGANASSERY. 4. THE PRINCIPAL, N.S.S.POLYTECHNIC MANNAM NAGAR P.O. PANDALAM. 5. M.KISHORE KUMAR, LECTURER, DEPARTMENT OF CIVIL ENGINEERING, N.S.S. POLYTECHNIC , PANDALAM. 6. USHA K.NAIR, LECTURER, DEPARTMENT OF CIVIL ENGINEERING, N.S.S.POLYTECHNIC, PANDALAM. 7. LEKHA.K.R. LECTURER,DEPARTMENT OF CIVIL ENGINEERING, N.S.S.POLYTECHNIC, PANDALAM. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R3 SRI.P.GOPAL FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ =========================== W.A. NO. 2338 OF 2008 ============================= Dated this the 3rd day of December , 2011 JUDGMENT C.N. Ramachandran Nair , J The appellant, a diploma holder, was appointed initially as a Demonstrator in the Poly Tehcnic by the 3rd respondent and the appellant’s claim for further promotion as lecturer could not be granted for the reason that he did not have the qualification, i.e. degree in Engineering for such promotion. However, the Government removed the obstacle by issuance of Ext.R3(a) . Under Ext.R3(a) order issued by the Government on 1/9/2007 with retrospective effect from 1/6/2000, the appellant became eligible for appointment as Lecturer. The management granted the relief. 2. The first relief claimed in the writ appeal, that is retrospectivity for promotion cannot be granted because the retrospectivity has to be only based on Government orders WA 2338/2008 2 which is seen relied on by the management. The balance is only approval of appellant’s appointment. The Government, which lifted the eligibility condition, should not have any difficulty to approve such appointment also. We, therefore, direct the second respondent to consider the approval of the appointment of the appellant as lecturer with effect from 1/6/2000, if he is eligible under the Rules . The orders should be passed within a period of one month from the date of receipt of a copy of this judgment. The writ appeal is disposed of as above. Sd/- C.N. RAMACHANDRAN NAIR (Judge) Sd/- K. VINOD CHANDRAN (Judge) ks. True copy P.S.To Judge