IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 9206 of 2008(U) ------------------------- PETITIONER(S): --------------- DR.S.LAKSHMI,ASST.PROFESSOR, MEDICAL COLLGE,KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT., HEALTH AND FAMILY WELFARE DEPARTMENT,THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. DEPARTMENTAL PROMOTION COMMITTEE REPRESENTED BY ITS CONVENOR,THIRUVANANTHAPURAM. 4. THE PRINCIPAL,MEDICAL COLLEGE,KOZHIKODE. 5. DR.SABEENA PANICKER,ASST.PROFESSOR, MEDICAL COLLEGE,KOZHIKODE. 6. DR.M.RAJANI,ASST.PROFESSOR, MEDICAL COLLEGE,KOZHIKODE. 7. DR.HEMA S.NAIR,ASST.PROFESSOR, MEDICAL COLLEGE,KOZHIKODE. GOVERNMENT PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 9206/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE DRAFT PROVISIONAL GRADATION LIST. P2. COPY OF THE GOVT. ORDER DTD.5.12.05. P3. COPY OF THE REPRESENTATION DTD.7.6.06 BEFORE R1. P4. COPY OF THE GAZETTE DTD.26.8.06. P5. COPY OF THE REPRESENTATION DTD.12.9.06 BEFORE R1. P5A. COPY OF THE COVERING LETTER DTD.18.9.06 BY R4. P6. COPY OF THE GAZETTE DTD.10.11.96. P7. COPY OF THE GOVT.ORDER DTD.9.11.06. P8. COPY OF THE CIRCULAR DTD.5.12.96 BY R4. P9. COPY OF THE REPRESENTATION DTD.12.4.97 TO R1. P10. COPY OF THE GOVT. ORDER DTD.22.6.07. P11. COPY OF THE JUDGMENT IN W.P.(C).No. 15650/07 OF THIS COURT. P12. COPY OF THE ORDER DTD.26.6.07 OF R4. P13. COPY OF THE NOTES FOR CONVENING D.P.C. P14. COPY OF THE MINUTES OF THE D.P.C. P15. COPY OF THE REPRESENTATION DTD.30.6.07 BEFORE R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 9206 of 2008 ================== Dated this the 14th day of January, 2010 J U D G M E N T The petitioner entered service as a Senior Lecturer in the Medical Education Department on 12.10.1998. According to the petitioner, respondents 5 to 7 are juniors to the petitioner. But overlooking his seniority, respondents 5 to 7 were given promotion as Assistant Professors on regular basis as per order dated 9.11.2006. This was on the basis of Ext.P4 select list prepared by the Departmental Promotion Committee on 18.7.2006. On publication of the select list in the gazette, the petitioner filed objections against the same. The Departmental Promotion Committee was convened on 30.9.2006 and another select list, Ext.P6, was published. But the petitioner was promoted as Assistant Professor only with effect from 25.6.2007 by order dated 22.6.2007. According to the petitioner, the petitioner's seniority was ignored in such promotion. Against this, the petitioner has filed Ext.P15 representation before the Government. The petitioner seeks a direction to the Government to consider and pass orders on the same expeditiously. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, it is only appropriate that the 1st respondent considers and passes orders on 2 Ext.P15 after affording an opportunity of being heard to all concerned. Accordingly, this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P15 after affording an opportunity of being heard to the petitioner as well as respondents 5 to 7, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge