IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 25122 of 2008(N) ---------------------------------------- PETITIONER: -------------------- FRAHAD MUSADEEKH, S/O.USMAN JONES SAIT, AGED 54 YEARS, WORKING AS PRINCIPAL, GOVERNMENT COLLEGE OF ENGINEERING, KANNUR, RESIDING AT FLAT NO. EF-7/261, P.T.CHACKO NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.N.SASIDHARAN NAIR SRI.LEO GEORGE RESPONDENTS: ------------------------ 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.25122/2008 ----------------------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT On 31.3.2008 a vacancy arose in the post of Director of Technical Education. Petitioner, the Principal and Joint Director of Technical Education is in the feeder category. According to the petitioner, he is the senior most person in the feeder category and is entitled to be promoted. It is stated that promotion has been delayed with the obvious intention of ensuring that the petitioner does not get promotion as he is reaching the age of superannuation on 23.9.2008. It is stated that in such cases, as per Ext.P2 circular, Government had decided to invoke Rule 31(a)(i) of KS & SSR and effect promotions. Although I am inclined to think that the petitioner has a genuine grievance, in view of the fact that the petitioner is 2 attaining the age of superannuation on 23.9.2008, I do not think that at this late stage, it is possible to pass any effective order which can be of benefit to the petitioner. That apart, it is seen from Ext.P6 that the Government is proposing to switch over from erstwhile promotions based on seniority to a merit selection and that the process is under way. It is also stated that pending finalisation of the change in rules, an adhoc arrangement has been made and that will continue. In view of the above factual situation, I am not inclined to pass any order as sought for. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE vi. 3