IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 OP.No. 18961 of 2000(G) ----------------------- PETITIONER(S): --------------- DR.K.RAJAN, PROFESSOR & HEAD OF THE DEPT. OF COMMUNIYT MEDICINE AND VICE PRINCIPAL, T.D.MEDICAL COLELGE, ALAPPUZHA. BY ADV. SRI.V.N.ACHUTHA KURUP (SR.) RESPONDENT(S): ---------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE PRINCIPAL SECRETARY TO GOVT., HEALTH & FAMILY WELFARE DEPT., THIRUVANANTHAPURAM. 3. DIRECTOR OF MEDICAL EDUCATION, KERALA STATE, THIRUVANANTHAPURAM. 4. DR.P.C.KESAVANKUTTY NAIR, PROFESSOR OF PSYCHIATRY, MEDICAL COLLEGE, TRIVANDRUM. ADDITIONAL RESPONDENTS: 5. KERALA GOVT. MEDICAL COLLEGE TEACHERS' ASSOCIATION, REP. BY ITS GENERAL SECRETARY, MEDICAL COLLEGE, TRIVANDRUM. 6. INDIAN PHARMACEUTICAL ASSOCIATION, KERALA STATE BRANCH, REP. BY ITS PRESIDENT K.G.RAVIKUMAR. 7. DR.JYOTHINDRA KUMAR.K., S/O.V.KRISHNAN NAIR, PROFESSOR AND HEAD OF DEPT., OF ORTHODENTICS , GOVT. DENTAL COLLEGE, TRIVANDRUM, RESIDNET AT “PREMJYOTHI”,SREEKRISHNA NAGAR, THIRUVANANTHAPURAM. (R5 IMPLEADED AS PER ORDER IN CMP .NO.25056/01, R6 IN CMP NO.27231/01 AND R7 IN C.MP.NO.34438/01 DTD.23.7.01) ADV. SRI.ELVIN PETER P.J. FOR R4 SRI.S.RAMESH FOR R4 SRI.P.N.SANTHOSH FOR R4 SRI.S.D.ASOKAN FOR R4 SRI.C.P.SUDHAKARA PRASAD (SR.) SRI.KRB.KAIMAL (SR.) FOR R5 SMT.AYSHA YOUSEFF FOR ADDL.R5 SRI.T.G.RAJENDRAN FOR ADDL.R5 G.P. SHRI.M.R.SABU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== O.P.No.18961 of 2000 ================== Dated this the 22nd day of September, 2008 J U D G M E N T In this original petition the petitioner seeks the following reliefs: “(i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to the list, if any, prepared by the Departmental Promotion Committee (Medical Education Services) giving retrospective promotion to the 4th respondent as Professor of Psychiatry with effect from 4.3.1987 and quash the same. (ii) issue a writ of mandamus or any other appropriate writ, order or direction compelling respondents 1 and 3 to promote the petitioner as the Principal, Medical College, Kottayam in the existing vacancy without any further delay; (iii) declare that the petitioner is rightful claimant for promotion to the post of Principal, Medical College, Kottayam in the existing vacancy.” The counsel for the petitioner is absent. So is the petitioner. Further, from the affidavit accompanying the original petition, it is seen that in 2000 the age of the petitioner was 52. That being so, the petitioner must have retired from service long ago since the retirement age still is 55 years. In the above circumstances, this original petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2 S.SIRI JAGAN, J. ================ O.P.No.18961 of 2000-G ================ J U D G M E N T 22nd September, 2008