IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 17158 of 2009(L) -------------------------------- PETITIONER: -------------- VILASINI C., ASSISTANT PROFESSOR, COLLEGE OF NURSING, KOZHIKODE. BY MR.T.G.RAJENDRAN, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, MEDICAL COLLEGE, KOZHIKODE. 4. SUMANGALA T.J., ASSOCIATE PROFESSOR, COLLEGE OF NURSING, THRISSUR. 5. REMADEVI C., ASSOCIATE PROFESSOR, COLLEGE OF NURSING, ALAPUZHA. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17158 OF 2009 --------------------------------------- Dated this the 20th day of July, 2009. J U D G M E N T The petitioner is seeking for a direction to respondents 1 to 3 to promote her to the post of Associate Professor. The petitioner is presently working as Assistant Professor in the College of Nursing, attached to Medical College, Kozhikode. She entered service on 01.05.1989 as staff nurse and entered School of Nursing as Nursing Tutor in the year 1991. After she acquired necessary qualifications, she was promoted as Assistant Professor on 25.06.1997. She availed Leave Without Allowance on 13.01.2003 for a period of five years for taking up employment elsewhere in India. This was sanctioned as per Exhibit P1 order. Even though an extension was sought as per Exhibit P2, that was not granted. Thereafter, she rejoined duty on 16.07.2007. It appears that there were some proceedings against her for not joining the service, which is evidenced by Exhibits P4 and P4(A). W.P.(C) No.17158/2009 2 2. Exhibit P9 is the notification issued by the Government publishing select list of Lecturer, Assistant Professors and Associate Professors fit for promotion to the category of Assistant Professor, Associate Professor and Professor respectively. It contains the names of Smt.Sumangala T.J. and Dr.Remadevi.C who were juniors to the petitioner. 3. According to the petitioner, going by the provisional list of teaching staff of College of Nursing, she is serial No.46 whereas Smt.T.J.Sumangala is serial No.47 and Dr.Remadevi.C is serial No.49. It is pointed out that the petitioner had filed Exhibit P11 representation seeking for consideration of her name also by the Departmental Promotion Committee. The proceedings show that she was superseded. The petitioner had filed Exhibit P12 representation which was directed to be disposed of by Exhibit P13. By Exhibit P14, the petitioner was given a reply stating that she will be considered for promotion to the post of Associate Professor in the next Departmental Promotion Committee subject to eligibility and availability of vacancy. Again, the petitioner filed Exhibit P15 representation stating that W.P.(C) No.17158/2009 3 there are existing vacancies. The petitioner seeks for a direction to the second respondent to consider Exhibit P15 and take appropriate action in the matter. There will be a direction to the second respondent to consider the request made by the petitioner in Exhibit P15 and take appropriate action in the matter, if there are existing vacancies as claimed by the petitioner in Exhibit P15 as well as in the writ petition. The petitioner will be given an appropriate reply in the matter within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with copy of the judgment before the second respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp