IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 6628 of 2011(C) -------------------------------- PETITIONER(S): ------------------- SAJITHA W.S., DEMONSTRATOR IN ELECTRONICS, GOVERNMENT WOMEN'S POLYTECHNIC COLLEGE, KAYAMKULAM-690502, ALAPPUZHA. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695023. 3. LOWER DEPARTMENTAL PROMOTION COMMITTEE FOR PROMOTION TO THE POST OF LECTURER IN ELECTRONICS, REP. BY ITS CONVENER, SECRETARIAT, THIRUVANANTHAPURAM-695001. 4. JAMALKUTTY, LECTURER IN ELECTRONICS, GOVERNMENT POLYTECHNIC COLLEGE, THIRURANGADI, MALAPPURAM-676001. 5. SATHEESH KUMAR, LECTURER IN ELECTRONICS, GOVERNMENT POLYTECHNIC COLLEGE, MEPPADY, WAYANAND-673001. R1 TO R3 BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6628 OF 2011 --------------------------------------- Dated this the 3rd day of March, 2011. J U D G M E N T The petitioner is working as Demonstrator in Electronics in the Government Women's Polytechnic college, Kayamkulam. The petitioner's grievance is with regard to the denial of promotion to the post of Lecturer in Electronics. The claim is in respect of vacancies which arose from 04.10.2010. It is stated that the petitioner acquired the qualification for the post of Lecturer on 02.09.2010. She filed a representation on 30.08.2010 as per Exhibit P8. It is, therefore, pointed out that the petitioner is entitled for promotion to the vacancies which have arisen on 21.08.2010 and after that date. 2. Exhibits P9 and P10 are relied upon to show that two vacancies have arisen on 04.10.2010 and 18.10.2010 and Exhibit P11 is the copy of the Gradation List wherein the petitioner's serial number is 1. It is pointed out that in the DPC which was held on 02.02.2011, the petitioner was not considered and therefore, the petitioner filed a representation as per W.P.(C) No.6628/2011 2 Exhibit P12. It is also the contention that the amendment of Special Rules as per Exhibit P13 which is effective from 08.11.2010 has no effect on the vacancies which have arisen on 04.10.2010 and 18.10.2010. 3. Learned counsel for the petitioner submitted that inviting the attention of the 2nd respondent in the matter, the petitioner has already filed a representation as per Exhibit P16 and the 2nd respondent may be directed to consider the claim in the light of the averments made in the writ petition. Heard the learned Government Pleader. There will be a direction to the 2nd respondent to consider the representation Exhibit P16 in accordance with law, with notice to the petitioner and any other affected parties, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp