IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 28754 of 2011(T) ------------------------------------- PETITIONER(S): ---------------------- DR.K.NAJEEB, ASSISTANT PROFESSOR, DEPARTMENT OF COMPUTER SCIENCE & ENGINEERING, GOVERNMENT ENGINEERING COLLEGE SREEKRISHNAPURAM PALAKKAD-678633 BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF TECHNICAL DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASOM RAOD, TRIVANDRUM-695023 3. THE PRINCIPAL, O/O.PRINCIAPAL GOVERNMENT ENGIEERING COLLEGE, SREEKSISHNAPURAM MANNAMPATTA P.O.,PALAKKAD-678633 4. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, 7TH FLOOR, CHANDERLOK BUILDING, JANPATH, NEW DELHI - 110001 REP.BY ITS MEMBER SECRETARY R1 TO R3 BY GOVT. PLEADER M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28754 OF 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1:- A TRUE COPY OF THE G.O.9RT)NO.1346/2005/H.EDN.DTD.6/8/05 ISSUED BY THE THIRD RESPONDENT. EXT.P2:- A TRUE COPY OF THE LETTER NO.E1-6909/2010 DTD.14/12/10 ISSUED BY THE THIRD RESPONDENT TO THE SECOND RESPONDENT. EXT.P3- A TRUE COPY OF THE REPRESENTAION DTD 12/05/11 SUMBITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P4:- A TRUE COPY OF THE REPRESENTAION DTD.02/02/2011 SUMBITTED BY PETITIONER BEFORE THE THIRD RESPONDENT EXT.P5:- A TRUE COPY OF THE LETTER NO.E1/582/2011 DTD 9/2/2011 EXT.P6:- A TRUE COPY OF THE SPECIAL RULES FOR KERALA TECHNICAL EDUCATION SERVICE (AMENDMENT)2004 EXT.P7:- A TRUE COPY OF THE ADVERTISEMENT NO.AICTE/20/2002 PUBLISHED BY THE FOURTH RESPONDENT. RESPONDENTS' EXHIBITS: NIL \\ TRUE COPY \\ PA TO JUDGE JM T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28754/2011-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of November, 2011 J U D G M E N T The petitioner, who is working as Assistant Professor in the Department of Computer Science and Engineering in Government Engineering College, Sreekrishnapuram is seeking for a direction to the first respondent to take steps to declare the probation of the petitioner in the post of Assistant Professor and to take a decision with regard to the claim of the petitioner for promotion to the post of Professor with effect from the date on which the said promotion became due. 2. According to the averments in the writ petition, the declaration of probation was due on 19/08/2006 and Ext.P2 is the proposal forwarded by the Principal. Thereafter, the petitioner submitted a representation as per Ext.P3, in the light of the fact that no action is being taken by any of the respondents. The petitioner has produced Ext.P5 a letter dated 09/02/2011 from the Principal forwarding W.P.(C). No.28754/2011 -:2:- Ext.P4 representation of the petitioner seeking promotion. 3. The learned counsel for the petitioner submits that the respondents are delaying the matter in the light of the pendency of the W.A.No.1253/2010 against the Judgment in W.P.(C).No.31502/2007. Therein, this Court was of the view that Rule 6A of the Special Rules for Kerala Technical Service (Amendment) 2004 cannot survive and it was declared as unconstitutional. 4. It is the case of the petitioner that the petitioner is not relying upon Rule 6A and, therefore, the pendency of the Writ Appeal will not have any impact on the grievances raised by the petitioner and the orders to be passed on them. The petitioner did not require any relaxation under Rule 6A for promotion. 5. The learned Government Pleader therefore, submitted that if the petitioner is not relying upon the said provision, the Government will pass appropriate orders, independent of the questions raised in the Writ Appeal which is pending. Appropriate orders will be passed by the first respondent within a W.P.(C). No.28754/2011 -:3:- period of four months from the date of receipt of a copy of this Judgment. If the petitioner's probation is declared, a suitable reply will be given to the claim of the petitioner for grant of promotion after considering the same in terms of the rules. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms