IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 RP.No. 484 of 2009(U) --------------------- AGAINST THE ORDER IN WPC.9403/2009 DATED 07/04/2009 .................... REVIEW PETITIONERS/RESPONDENTS 1 TO 3 IN WP(C): ---------------------- 1. THE STATE OF KERALA,REP.BY THE SECRETARY TO HEALTH & FAMILY WELFARE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, MEDICAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM. 3. THE PRINCIPAL,MEDICAL COLLEGE, ALAPPUZHA. 4. DR.P.UMMER, PROFESSOR IN ORTHOPAEDICS, MEDICAL COLLEGE,ALAPPUZHA. BY GOVERNMENT PLEADER SHRI K.RAMESH RESPONDENT(S): --------------- 1. DR.JOHN GEORGE.T, THECKANAL HOUSE, CHOOTTUVELI, SH MOUNT P.O, KOTTAYAM DISTRICT, (ASSOCIATE PROFESSOR IN ORTHOPAEDICS AT MEDICAL COLLEGE, KOTTAYAM). 2. DR.P.UMMER, PROFESSOR IN ORTHOPAEDICS, MEDICAL COLLEGE, ALAPPUZHA. BY ADV. SRI.SUNIL V.MOHAMMED THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- R.P. No.484 OF 2009 IN W.P.(C) No. 9403 OF 2009 -------------------------- Dated this the 17th day of September, 2009 O R D E R Heard the learned counsel appearing on both sides. This review petition is filed seeking a review of the interim order passed by this Court on 7.4.2009 in W.P.(C) No. 9403 of 2009 to the following effect: “If the fourth respondent is on leave and there is no prospect of the fourth respondent rejoining duty within three months, the Secretary to Government, General Education Department shall, if the petitioner is senior most Associate Professor in Orthopedics among the Associate Professors in service in various Medical Colleges in the State of Kerala, temporarily promote him as Professor, in the vacancy that arose on the fourth respondent proceeding on leave, under Rule 31(a)(1) of the KS&SSR and pass orders in that regard within two weeks from the date on which the petitioner produces a copy of this order. While considering the claim of the petitioner, the claims of this seniors, if any, shall also be considered.” R.P. No.484/09 2 2. The review petitioners submit that the writ petitioner who attained the age of superannuation on 31.12.2008 and was continuing beyond the date of superannuation as per Rule 60(c) of Part I of the KSR was not entitled to be promoted during the period of such extended service. It is submitted that the direction issued by this Court to temporarily promote him under Rule 31(a)(1) of the Part II of the KS&SSR is not sustainable in the light of the stipulations in Rule 60(c) of Part I of the KSR. The learned counsel appearing for the writ petitioner contends that the petitioner had staked his claim for promotion even before his retirement and that the failure of the official respondents to pass orders in the matter cannot operate to his detriment. 3. I have considered the submissions made at the Bar by the learned counsel on either side. The claim of the writ petitioner for promotion is the subject matter of W.P.(C) No. 9402 of 2009. That claim will necessarily have to be adjudicated upon by this Court. In this review petition, the respondents seek only to review the interim order passed by this Court in the said writ petition, directing the writ petitioner's temporary promotion. As per Rule 60(c) of Part I of the KSR, the writ petitioner was on extended service from 31.12.2008 to R.P. No.484/09 3 30.4.2009 . It was only with effect from 24.4.2009 that Rule 60(c) of Part I of the KSR was amended to promote that the extended period of service after attaining the age of superannuation shall be reckoned for all service benefits including promotion. Therefore the petitioner had no right to be temporarily promoted during the period from 31.12.2008 to 30.4.2009. I, accordingly allow this review petition and recall the interim order passed by me on 7.4.2009 directing review petitioners to temporarily promote the writ petitioner. However, it is clarified that this order will not stand in the way of the writ petitioner from prosecuting W.P.(C) No. 9403 of 2009. P.N.RAVINDRAN, JUDGE vps