IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 3917 of 2007(N) ---------------------------------------- PETITIONER: ------------------- KARTHIKEYAN.V., STORE KEEPER (GENERAL STORE), UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. BY ADV. SMT.SREEDEVI KYLASANATH SRI.M.AYYOOBUKHAN SRI.K.JITHIN RESPONDENTS: ----------------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, OFFICE OF THE KERALA UNIVERSITY, THIRUVANANTHAPURAM. 2. CHANCELLOR, UNIVERSITY OF KERALA, RAJ BHAVAN, THIRUVANANTHAPURAM. 3. VICE CHANCELLOR, KERALA UNIVERSITY, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 TO 3 BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3917/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE MASTER'S DEGREE OF THE PETITIONER IN SOCIOLOGY FROM MYSORE UNIVERSITY. EXT.P2:- COPY OF THE NOTIFICATION BEARING NO.AD.AV.1.1786/95 DT. 25.9.95 INVITING APPLICATIONS FOR THE POST OF STORE KEEPER EXAMINATION. EXT.P3:- COPY OF THE MEMO BEARING NO.AD./AV.1/1786/95(3) DT. 14.12.95. EXT.P4:- COPY OF THE INTERVIEW MEMO BEARING NO.AD.AV.1/16398/98 DT. 3.11.98. EXT.P5:- COPY OF THE JUDGMENT IN OP. NO.10140/98 DT. 27.7.98.B EXT.P6:- COPY OF THE REPRESENTATION DT. 17.12.2001 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P7:- COPY OF THE MEMORANDUM DT. 2.1.02 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P8:- COPY OF THE MEMORANDUM OF ORIGINAL PETITION IN OP. NO.5094/02. EXT.P9:- COPY OF THE DISCIPLINARY PROCEEDINGS INITIATED AGAINST SHRI. VIKRAMAN. EXT.P10:- COPY OF THE MEMO BEARING NO.AD.AV.1 G1.STORE/2004 DT. 22..04 OF THE SIT RESPONDENT PROMOTING THE PETITIONER AS STORE KEEPER. EXT.P11:- COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT, THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. EXT.P12:- COPY OF THE REPLY BEARING NO.80192/SA1/2006/GAD DT. 16.10.06 FROM GOVERNMENT SECRETARIAT, PRESCRIBING QUALIFICATIONS FOR THE POST OF STORE KEEPER. EXT.P13:- COPY OF THE LETTER NO. LETTER NO.PR/P10/RT 7/45/06 DT. 27.10.06 OF UNIVERSITY OF KERALA. EXT.P14:- COPY OF THE RELEVANT PORTION OF KERALA UNIVERSITY FIRST ORDINANCE 1978. /TRUE COPY/ P.A. TO JUDGE tss K. BALAKRISHNAN NAIR, J. ---------------------------------------- W.P.(C) No.3917 OF 2007 ---------------------------------------- Dated this the 19th day of September, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner is a Store Keeper. He has been appointed to that post by Ext.P10 order dated 22.4.2004. The petitioner claims he was the only qualified person for appointment to the said post in the University. But, overlooking his claim, several persons were appointed from 1995 onwards. In 1995, one Sri.Ambikesan Nair was appointed to the post of Store Keeper. In the selection process for the same, the petitioner was also considered. Later, in 1978, one Sri.Surendran Nair was appointed as Records Officer which is a post equivalent to the post of Store Keeper. When Surendran Nair retired, Sri.Madhavan Nair was appointed. On the retirement of Madhavan Nair, Sri.Vamanan Nair was appointed. Later, in that post, Sri.Muraleedharan Nair was appointed in 2002. In 2003, Mr. Vikraman Nair was appointed. Only thereafter, the petitioner was appointed as Store Keeper in 2004. When earlier, he was superseded, he filed O.P.10140/1998. But, it was disposed of without granting any relief to him, recording W.P.(C) No.3917/2007 2 the submission of the University that when next selection is undertaken, the petitioner's claim will also be considered. In that selection process also, the petitioner was overlooked. So, he filed O.P.No.21815/1998 before this Court. This Court considered the claim of the petitioner on merits and dismissed the said Original Petition by judgment dated 28.1.2000. 2. After the promotion of the petitioner in 2004, he has preferred Ext.P11 representation dated 9.1.2007 claiming promotion as Store Keeper with retrospective effect from 1995. None of the persons promoted is party to this writ petition. The petitioner's claim was considered every time to the post of Store Keeper, when vacancies were filled up and he was overlooked. The petitioner has either suffered those orders or the challenge attempted by him before this Court was not upheld by this Court. So, the present representation claiming promotion with retrospective effect from 1995 is plainly untenable. This writ petition is filed praying interalia for a direction to the competent authority of the University to consider Ext.P11. He also prays for a mandamus to promote him with retrospective effect. In the W.P.(C) No.3917/2007 3 absence of any successful challenge made to earlier promotions of others and the supersession of the petitioner, the present writ petition is plainly not maintainable. In fact, this is an abuse of the process of the Court. Accordingly, the writ petition is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) ps