IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 5491 of 2011(J) ------------------------------ PETITIONER: -------------- DR.T.P.NOUSHAD, ASSISTANT PROFESSOR IN NEPHROLOGY, GOVT.MEDICAL COLLEGE, KOZHIKODE. BY ADVS. SRI.N.SUGATHAN SMT.VARSHA BHASKAR RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM- 695 011. 3. DR.BIJU K.GOPINATH, ASSISTANT PROFESSOR IN NEPHROLOGY, GOVT.MEDICAL COLLEGE, THRISSUR-680 005. BY BY ADVS. SRI.SATHISH NINAN FOR R3 SRI.SANTHOSH MATHEW FOR R3 SRI.ARUN THOMAS FOR R3 SRI.JENNIS STEPHEN FOR R3 SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.5491/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF G.O.(Rt) No.2160/07/H&FWD DTD. 19.6.07. EXT. P2 : COPY OF G.O.(Rt) No.631/08/H&FWD DTD. 20.2.08. EXT. P3 : COPY OF G.O.(P) No.425/2009/H&FWD DTD. 14.12.09. EXT.P3(a) : COPY OF PAGES 3 AND 9 TO 15 OF ANNEXURE 1 TO EXT.P3 G.O. EXT. P4 : COPY OF PAY/LEAVE SALARY SLIP DTD. 13.4.10 RELATING TO PETITIONER. EXT. P5 : COPY OF G.O.(P) 143/2010/H&FWD DTD/ 3.4.10. EXT. P6 : COPY OF REPRESENTATION DTD. 15.5.10 SUBMITTED BY PETITIONER TO R2. EXT. P7 : COPY OF G.O.(P)647/10/H&FWD DTD. 29.10.10. EXT. P8 : COPY OF G.O.(RT) 4504/10/H&FWD DTD.18.11.10. EXT. P9 : COPY OF DRAFT PROPOSAL CIRCULATED AS PER FILE No.F1.383/11/DME BY R2. EXT. P10 : COPY OF OBJECTION DTD. 8.2.11 FILED BY PETITIONER BEFORE R2. EXT. P11 : RELEVANT PORTION OF POST GRADUATE MEDICAL EDUCATION REGULATIONS, 2000. EXT. P12 : COPY OF REPRESENTATION DTD. 9.3.11 SUBMITTED BY PETITIONER TO R1. EXT. P13 : COPY OF PROVISIONAL SENIORITY LIST OF ASSOCIATE PROFESSORS IN NEPHROLOGY PUBLISHED BY R2 IN THE WEBSITE. 3RD RESPONDENT'S EXHIBITS: EXT. R3(1) : COPY OF APPLICATION FOR TRANSFER SUBMITTED BY R3 ON 15.12.10. WP(C).No.5491/2011 EXT. R3(2) : COPY OF G.O.(MS) No.57/11/H&FWD DTD. 2.2.11. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5491 OF 2011 --------------------------------------- Dated this the 21st day of July, 2011. J U D G M E N T The petitioner herein is working as Assistant Professor in Nephrology, in the Government Medical College, Kozhikode. The main prayer in the writ petition is for a direction to the 1st respondent to consider Ext.P6 representation dated 15.05.2010 and Ext.P10 representation dated 08.02.2011 and issue orders promoting the petitioner as Associate Professor in Nephrology with effect from December 2008 (it is pointed out that actually the claim is from 01.01.2008) and to post in the Government Medical College, Kozhikode itself. 2. By interim order dated 05.04.2011 in I.A.No.6410/2011, this Court directed the Government to consider the objections of the petitioner before any proposal for approval is finalised in respect of the 3rd respondent. Learned Government Pleader had submitted last time that the petitioner had already been promoted. Today the learned counsel for the petitioner produced W.P.(C) No.5491/2011 2 before me for perusal a copy of G.O.(Rt) No.2578/2011/H&FWD dated 16.07.2011 whereby Career Advancement Promotion as Associate Professor has been granted with effect from 03.12.2008 in the scale of pay of Rs.37400-67000+9000. In the light of the above, no further directions are called for in the writ petition. It is submitted by the learned counsel for the petitioner that since the petitioner is claiming promotion from 01.01.2008, he may be allowed to file a representation in the matter. Therefore, leaving open the remedy of the petitioner to approach the Government, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp