IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 19280 of 2008(T) -------------------------- PETITIONER: ------------ MOHANAN P.K., S/O.P.M.KUTHANKAN, AGED 51 YEARS, JUNIOR SUPDT., GOVT. VICTORIA COLLEGE, PALAKKAD, RESIDING AT. GOVT. VICTORIA COLLEGE STAFF QUARTERS, NO.A2, GOVT. VICTORIA COLLEGE CAMPUS, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVT., HIGHER EDUCATION (F) DEPT., SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVT. VICTORIA COLLEGE, PALAKKAD. 4. THE CONVENER, DEPARTMENTAL PROMOTION COMMITTEE (LOWER) FOR COLLEGIATE EDUCATION DEPT., THIRUVANANTHAPURAM. BY G.P SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.19280 of 2008 T -------------------------------------- Dated this the 26th day of June, 2008. J U D G M E N T In the manner in which I propose to dispose of the Writ Petition, I do not think notice shall be served on respondent No.3. Government Pleader takes notice for respondents 1, 2 and 4. 2. The petitioner is working as Junior Superintendent at Government Victoria College, Palakkad. It is stated that the petitioner joined service as Lower Division Accountant on 5.12.1983. The petitioner states that he has passed the Departmental Tests like Account Test (Lower) and MOP. The second respondent, the Director of Collegiate Education, has drawn up Ext.P3 seniority list of Junior Superintendents from 2.10.2005 to 31.10.2006 in which the petitioner is shown as Sl.No.7. It is stated that the next promotion post to which the petitioner can aspire for promotion is Senior Superintendent. The Departmental Promotion Committee (Lower) for the Collegiate Education met on 29.1.2008 and approved the select list of Junior Superintendents fit for promotion to the post of Senior Superintendent during 2008. Ext.P4 notification dated 18.2.2008 was issued in this regard. In Ext.P4 notification, the name of the petitioner is not included. The grievance of the petitioner is that his name was WP(C) No.19280/2008 2 not included in Ext.P4 notification though he is entitled to be included in the said notification. It is also stated that the juniors of the petitioner are included in Ext.P4 notification. 2. Aggrieved by the non-inclusion of the name of the petitioner in Ext.P4 notification, he submitted Ext.P5 representation dated 25.5.2008 to the first respondent. Ext.P5 representation is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following:- “1) issue a writ of certiorari or any other appropriate writ, order or direction, quashing Exhibit P4 to the extent it does not include the petitioner's name for being promoted to the post of Senior Superintendent, 2) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent to hold Review DPC and include the petitioner's name in the select list of Junior Superintendents at appropriate place, honouring the seniority of the petitioner at Exhibit P3, WP(C) No.19280/2008 3 3) declare that the petitioner is entitled to be included in exhibit P4 select list at the appropriate place in accordance with his seniority at Exhibit P3, 4) such other appropriate writ, order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case, and 5) award costs.” 4. The learned counsel for the petitioner submits that for the time being, the petitioner would be satisfied if a direction is issued to the first respondent to dispose of Ext.P5 representation, with liberty to the petitioner to pursue the other remedies at appropriate stage. The request of the petitioner is just and reasonable. The learned Government Pleader submits that Ext.P5 representation will be disposed of without delay. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner:- The First respondent shall dispose of Ext.P5 representation as expeditiously as possible, and at any rate within a period of one month from the date of receipt of a copy of this judgment. An opportunity of being heard shall be WP(C) No.19280/2008 4 afforded to the petitioner and any other affected person. The petitioner shall be entitled to produce before the first respondent, all the relevant materials and documents in support of his contentions. The petitioner shall produce a certified copy of the judgment and a copy of the Writ Petition before the first respondent for the effective disposal of Ext.P5 representation. It is made clear that I have not expressed any view on the merits of the case It is also made clear that the petitioner is free to approach the first respondent for appropriate interim relief. A copy of this judgment shall be sent by the petitioner to third respondent by registered post and proof of the same shall be produced before the first respondent. K.T. SANKARAN, JUDGE. cks