IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 26071 of 2011(H) -------------------------- PETITIONER: ----------------- RAJIMOLE.K.R,LOWER DIVISION CLERK, T.D.MEDICAL COLLEGE,ALAPPUZHA,W/O.SURESH BABU, NELLIKUNNATH HOUSE,CHENNITHALA SOUTH.P.O, MAVELIKKARA-690 105 BY ADV. SRI.K.ACHANKUNJU SMT.T.M.RESHMI RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY SECRETARY DEPARTMENT OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR,DIRECTORATE OF MEDICAL EDUCATION,THIRUVANANTHAPURAM-695 001.. 3. THE SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001.. 4. MAHESH.B.LOWER DIVISIONA CLERK, T.D.MEDICAL COLLEGE,ALAPPUZHA-688001.. BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.26071/11 PETITIONER(S) EXHIBITS EXHIBIT-P1: TRUE COPY OF THE PROVISIONAL SENIORITY LIST VIDE VIDE NO.E1/32907/2010/DME DATED 4.1.2011. EXHIBIT-P2: TRUE COPY OF THE REPRESENTATION DATED 25.2.2010 BEFORE THE 2ND RESPONDENT. EXHIBIT-P3: TRUE COPY OF THE PROMOTION LIST VIDE ORDER NO.E1/18934/09 DME DATED 6.4.2011 ISSUED BY 3RD RESPONDENT. EXHIBIT-P4: TRUE COPY OF THE PROMOTION LIST ORDER NO.E1/18934/2009/DME DATED 30.5.2011 ISSUED BY 2ND RESPONDENT. EXHIBIT-P5: TRUE COPY OF THE REPRESENTATION. RESPONDENTS' EXHIBITS :NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.26071 of 2011 -------------------------------------------------- DATED THIS THE 30th DAY OF SEPTEMBER, 2011 J U D G M E N T The petitioner herein is a Lower Division Clerk in the T.D.Medical College, Alappuzha. 2. The petitioner is aggrieved by the denial of promotion. According to her, in Exhibit P1 seniority list, she is assigned Sl.No.107. By Exhibits P3 and P4 orders, certain Lower Division Clerks have been promoted as UD Clerks in the Department. It is submitted that the petitioner is eligible for the benefit of Rule 13(1)(a) and 13A(2) of Kerala State and Subordinate Service Rules (KS & SSR). 3. The petitioner has already approached the Director of Medical Education through proper channel as evident from Exhibit P5 representation. There will be a direction to the 2nd respondent to consider the grievance raised by the petitioner in Exhibit P5 after hearing the petitioner and take appropriate decision within a period of two months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition W.P.(C)No.26071/1 -2- along with a certified copy of this judgment to the 2nd respondent for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn