IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 3936 of 2006(R) ------------------------- PETITIONER(S): --------------- AJITH V., LECTURER, MECHANICAL DEPARTMENT, S.N. POLYTECHNIC COLLEGE, KOTTIYAM,KOLLAM DISTRICT BY ADVS. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.K.K.RAJEEV SRI.R.KRISHNASWAMY RESPONDENT(S): --------------- 1. THE DIRECTOR, DEPARTMENT OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. THE CHAIRMAN, GOVERNING BODY, S.N. POLYTECHNIC, KOTTIYAM, KOLLAM DISTRICT. R1 BY GOVT. PLEADER SRI.M.RAJESH VIJAYAN. R2 BY ADV. SRI.A.N.RAJAN BABU, SC, S.N.TRUST THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13 / 10/2011, THE COURT ON 13/10/2011 DELIVERED THE FOLLOWING: WP(C).No. 3936 of 2006(R) APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 : TRUE COPY OF THE ORDER DATED 12-08-2003 IN CMP NO.25907/2003 IN O.P NO.15907/1999 EXT.P2 : TRUE COPY OF THE ORDER NO.2/SNP/291 DATED 30-03-2002 ISSUED BY THE 2ND RESPONDENT EXT.P3 : TRUE COPY OF THE ORDER NO.C2-3739/2001/MPK DATED 04-06-2002 ISSUED BY THE PRINCIPAL, MODEL POLYTECHNIC, KARUNAGAPPALLY EXT.P4 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, MODEL POLYTECHNIC, KARUNAGAPPALLY DATED 18-06-2002. EXT.P5 : TRUE COPY OF THE ORDER NO.TX.9/1/CONFDL/2002 DATED 12-06-2002 ISSUED BY THE FIRST RESPONDENT. EXT.P6 : TRUE COPY OF THE CERTIFICATE NO.C1/1112/2002 DATED 05-12-2002 ISSUED BY THE PRINCIPAL, GOVERNMENT POLYTECHNIC, ATTINGAL. EXT.P7 : TRUE COPY OF THE ORDER NO.TX9/03/CONEL/CTE DATED 16-07-2003 ISSUED BY THE FIRST RESPONDENT. EXT.P8 : TRUE COPY OF THE REPRESENTATION FILED BY THEPETITIONER BEFORE THE FIRST RESPONDENT DATED 14-11-2005 EXT.P9 : TRUE COPY OF THE REPLY NO.DP5/39301/05 DATED 05-12-2005 GIVEN BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A TO JUDGE amk. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.3936 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2011 J U D G M E N T The petitioner entered service of the Sree Narayana Polytechnic College, Kottiyam in Kollam District as a Workshop Instructor in the year 1990. The next promotion post to which the petitioner can aspire for is that of Lecturer. On 1.4.2002 the Head of the Department retired and the post became vacant. The next eligible person to be promoted as Head of the Department was one Mr. Jeevan B. But in respect of the promotion of Mr. Jeevan, there was a writ petition filed before this court namely O.P. No.15907/1999, in which, there was a stay. In the meanwhile, the management promoted the petitioner as Lecturer with effect from 1.4.2002 apparently in the probable vacancy that may arise on promotion of Mr. Jeevan as Head of the Department. Subsequently the stay in O.P. No.15907/1999 was vacated on 12.8.2003 and Mr. Jeevan was promoted as Head of the Department on W.P.(C)No.3936 of 2006 -2- 14.8.2003. In the above circumstances, the promotion of the petitioner as Lecturer was approved only with effect from 14.8.2003. The petitioner has filed this writ petition claiming that the petitioner is entitled to have his appointment approved with effect from 1.4.2002 insofar as the vacancy of the Head of the Department arose on 1.4.2002 and Mr. Jeevan ought to have been promoted to that post with effect from 1.4.2002, in which case vacancy of Lecturer would have arisen on 1.4.2002. The petitioner seeks the following reliefs: “i) to issue a writ of certiorari or such other appropriate writ, order or direction quashing Ext.P9 letter No.DP5/39301/05 dated 5.12.2005 issued by the first respondent as it is illegal and void; ii) to issue a writ of mandamus or order or direction to the 1st respondent to approve the promotion of the petitioner as Lecturer with effect from 1.4.2002 and to pay all consequential benefits therefrom;” 2. A counter affidavit has been filed by the 1st respondent seeking to refute the contentions of the petitioner. According to the 1st respondent, the vacancy of Lecturer to which the petitioner could aspire for promotion arose only on 14.8.2003 on promotion of Mr. Jeevan as W.P.(C)No.3936 of 2006 -3- Head of the Department and therefore the petitioner cannot aspire for promotion on any date prior to 14.8.2003. 3. I have considered the rival contentions in detail. 4. I can only sympathise with the petitioner. Perhaps the circumstances may have conspired against the petitioner. But the fact remains that until this court vacated the interim order on 12.8.2003 Mr. Jeevan could not have been promoted as the Head of the Department which was done only on 14.8.2003. Consequently a vacancy in the post of Lecturer arose only on 14.8.2003. Therefore the 1st respondent could not have legally approved the promotion of the petitioner with effect from any date prior to 14.8.2003. In view of the above facts, I do not find any merit in the contention of the petitioner and accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/