IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 4236 of 2009(D) ------------------------------------ PETITIONER(S): ------------------------- LALLY MATHEW, D/O.MATHEW, AGED 48 YEARS ASST.ENGINEER, KERALA HEALTH RESEARCH AND WELFARE SOCIETY, GENERAL HOSPITAL CAMPUS, RED CROSS ROAD THIRUVANANTHAPURAM. BY ADVS. MR.K.J.JOSEMON MR.MATHEW SKARIA RESPONDENT(S): ------------------------- KERALA HEALTH RESEARCH AND WELFARE SOCIETY, REP. BY ITS MANAGING DIRECTOR, GENERAL HOSPITAL CAMPUS, RED CROSS ROAD, THIRUVANANTHAPURAM. ADV. SRI.M.AJAY,SC,KERALA HEALTH RESEARCH& WE FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO: 4236 of 2009 --------------------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT The petitioner is aggrieved by Ext.P9 proceedings of the respondent whereby promotion as well as pay fixation orders issued in respect of the petitioner and four other officers have been cancelled with retrospective effect. In the same it has been further ordered that the cases for promotions to the higher posts will be examined separately on the basis of performance appraisal for last three years. 2. The petitioner has challenged Ext.P9 on various grounds. Heard the learned standing counsel appearing for the respondents. It is submitted in Ext.P9, a hearing is offered to the affected parties and a decision as thereon will be taken, appropriately. 3. It is submitted that the individual claims will be considered and before taking a decision the respective parties will be heard. Accordingly, the writ petition is disposed of directing the respondent to afford all opportunities to the petitioner to produce the materials in support of her claim for promotion on a retrospective basis. This shall be done within wpc:4236 of 2009 a period of three months from the date of receipt of a copy of this judgment. Depending upon the outcome of the same appropriate decision will be taken by the governing body and communicate to the petitioner. Accordingly, the writ petition is closed. T.R.RAMACHANDRAN NAIR, JUDGE bps