IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 23198 of 2004(J) -------------------------- PETITIONER: --------------- SABU PAUL MULERIKKAL, ASSISTANT ENGINEER, ENGINEERING DIVISION, KERALA AGRL. UNIVERSITY, PANANGAD, ERNAKULAM. BY ADV. SRI.N.SUGATHAN SMT.R.SEEMA SMT.VARSHA BHASKAR RESPONDENTS: ----------------- 1. THE KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY THE REGISTRAR, VELLANIKKARA, THRISSUR. 2. THE EXECUTIVE COMMITTEE, REPRESENTED BY THE VICE-CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. 3. M.VIJAYAKUMARI, PERSONAL ASSISTANT TO D.P.P., DIRECTORATE OF PHYSICAL PLANT, KERALA AGRL. UNIVERSITY (HQ), VELLANIKKARA P.O., THRISSUR. (* ADDITIONAL R4 IMPLEADED) 4. E.T.LAL, S/o. E.T.THOMAS, ASSISTANT ENGINEER, ENGIEERING DIVISION, THAVANUR ( ADDITIONAL R4 IS IMPLEADED AS PET ORDER DATED 17/1/2008 IN I.A.15907/2007) BY ADV. SRI.RANJITH THAMPAN,SC.,AGRL.UNIVERSITY, SMT.P.JAYA, SC, AGRL. UNIVERSITY SRI.K.JAJU BABU SRI.V.V.SURENDRAN SRI.P.A.HARISH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/02/2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.23198/2004 2 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF ORDER NO.GA/A3/17890/94 DATED 1.7.1997 OF THE 1ST RESPONDENT. EXT.P2: COPY OF STATUTES ISSUED BY THE GOVERNMENT OF KERALA IN S.R.O. NO.1122/76 EXT.P3: COPY OF ORDER NO.GA/J1/20464/99 DATED 15.4.2000 OF THE 1ST RESPONDENT. EXT.P4: COPY OF JUDGMENT DATED 31.1.2002 IN O.P.No.8603/01. EXT.P5: COPY OF REPRESENTATION DT.9.6.2003 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P6: COPY OF JUDGMENT DATED 23.2.2004 IN W.P.(C).No.21789/03. EXT.P7: COPY OF LETTER NO.GS5-2095/2001 DT.29.1.2003 OF THE GOVERNMENT OT THE 1ST RESPONDENT. EXT.P8: COPY OF NOTIFICATION AMENDING THE STATUE NO.1122/76. EXT.P9: COPY OF ORDER NO.GA/A3/40730/03 DATED 26.4.2004 ISSUED BY THE UNIVERSITY. RESPONDENTS EXHIBITS: EXT.R3(a): COPY OF THE DEGREE CERTIFICATE OF THE PETITIONER. EXT.R3(b): COPY OF THE JUDGMENT IN O.P.No.13829/2000. EXT.R4(a): COPY OF LETTER NO.PR/RTI/2006 DATED 29.1.2008 ISSUED BY THE 1ST RESPONDENT. EXT.R4(b): COPY OF INTERIM ORDER DATED 3.1.2008 IN W.A.No.3014/07 OF THIS HON'NLE COURT. EXT.R4(c): COPY OF APPLICATION SUBMITTED BY THE 4TH RESPONDENT ALONG WITH COVERING LETTER NO.EE/285/2007 DATED 25.1.2008 BEFORE THE 1ST RESPONDENT. ANNEXURE I: COPY OF THE MEMO DATED 9.6.2003 OF THE UNIVERSITY OF CALICUT. ANNEXURE II: COPY OF DEGREE CERTIFICATE DATED 1.10.2003 ISSUED BY THE UTY. OF CALICUT. TRUE COPY P.A.TO JUDGE A.K.BASHEER,J ======================= W.P.(C).No.23198 of 2004 ========================== Dated this the 29th day of February, 2008 JUDGMENT The short question that arises for consideration in this writ petition is whether the petitioner is entitled to get promotion to the post of Assistant Executive Engineer (Civil) in the Kerala Agricultural University, in preference to respondent Nos.3 and 4 herein. 2. It is on record that a Division Bench of this Court in W.A.No.3014/2007, has issued a direction to the University to consider the claim of the petitioner, respondent No.3 and all others in the feeder category for promotion to the post of Assistant Executive Engineer (Civil) in the University. The above writ appeal was filed by the petitioner herein against the judgment in O.P.8933/03 in which also the same issue had arisen for consideration. 3. Learned Standing Counsel for the University submits that the Registrar of the University is in seisin of the matter pursuant to the direction issued by the Division Bench and that W.P.(C).No.23198/2004 2 appropriate orders in the matter of promotion will be issued by him very soon. 4. In view of the above developments, I am of the view that, no further orders are necessary in this original petition. If the petitioner is aggrieved by the order that may be passed by the University in the matter of promotion to the post to which he is seeking promotion, it will be open to him to challenge the same in accordance with law. Original petition is closed reserving the above right of the petitioner. A.K.BASHEER,JUDGE dvs