IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 21102 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. BASIL M.MALI, AGED 37 YEARS, S/O. SRI.M.M.MARKOSE, DEMONSTRATOR (CIVIL), GOVERNMENT POLYTECHNIC COLLEGE, CHELAD, KOTHAMANGALAM, RESIDING AT MALIYIL HOUSE, RAYAMANGALAM P.O., KURUPPUMPADY, PERUMBAVOOR. 2. THANKAMMA KURIAN, AGED 48 YEARS, W/O. SRI.GEORGE V.J., WORKSHOP INSTRUCTOR, GOVERNMENT ENGINEERING COLLEGE, THRISSUR, RESIDING AT QUARTER NO.2/2, GOVERNMENT ENGINEERING COLLEGE, THRISSUR. BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------- 1. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. THE SENIOR JOINT DIRECTOR (PS), DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. MR.A.J.VARGHESE, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21102 OF 2009 --------------------------------------- Dated this the 28th day of July, 2009. J U D G M E N T The petitioners are working as Demonstrator (Civil) and Workshop Instructor in the respective institutions shown in the cause title of the writ petition. The petitioners acquired B.Tech Degree in Civil Engineering while in service. Exhibits P3 to P6 are produced in support of their claims. 2. Presently, the provisional seniority list of candidates who have acquired B.Tech qualification upto 31.12.2007 has been issued as per circular dated 08.04.2008 inviting objections. Subsequently, the final seniority list has been published for appointment to the post of Lecturer which also includes the candidates who have acquired B.Tech qualification upto 31.12.2007. Exhibit P7 is the copy of the said seniority list. 3. The petitioner has averred that even though the Departmental Promotion Committee is convened every year, no meeting was held in the year 2007 since no vacancy arose for the W.P.(C) No.21102/2009 2 post of Lecturer in Civil Engineering in the Civil Engineering Department. It is pointed out that a number of vacancies have arisen during the year 2008. But, for want of seniority list prepared as on 31.12.2008, the persons like the petitioners who are eligible for promotion denied the chance to get promotion. In this circumstance, the petitioners have filed Exhibits P8 and P9 representations before the first respondent. There will be a direction to the first respondent to consider Exhibits P8 and P9 and take appropriate decision in accordance with law, and communicate the same to the petitioners within a period of six weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp