IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 28884 of 2007(L) PETITIONER: DR.P.SYAM, SENIOR LECTURER IN ORTHOPAEDICS, DEPARTMENT OF ORTHOPAEDICS, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER DATED 27.8.2005 OF DIRECTOR OF MEDICAL EDUCATION. EXT.P2 TRUE COPY OF ORDER DATED 3.4.2006 OF FIRST RESPONDENT. EXT.P3 TRUE COPY OF ORDER DATED 1.6.2004 OF THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF NOTIFICATION DATED 29.1.1999 OF THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF NOTIFICATION DATED 9.11.2005 OF THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF ORDER DATED 31.10.2005 ISSUED BY FIRST RESPONDENT. EXT.P7 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 4.7.2006. EXT.P8 TRUE COPY OF REPRESENTATION DATED 15.6.2007 OF THE PETITIONER TO THE FIRST RESPONDENT. EXT.P9 TRUE COPY OF FIR 46/95 DATED 8.5.1995. EXT.P10 TRUE COPY OF POSTMORTEM CERTIFICATE IN CRIME NO.46/95. EXT.P11 TRUE COPY OF FINAL REPORT DATED 6.7.95 IN CRIME NO.46/95 SUBMITTED BY S.I. OF POLICE, RAMANKARI BEFORE SUB DIVISIONAL MAGISTRATE COURT, ALAPPUZHA. EXT.P12 TRUE COPY OF FACTUAL REPORT SUBMITTED BY DY.S.P. ALAPPUZHA TO SUPERINTENDENT OF POLICE, ALAPPUZHA. EXT.P13 TRUE COPY OF PROMOTION ORDER DATED 28.1.2008. EXT.P14 TRUE COPY OF REPRESENTATION DATED 25.2.2008 FILED BY PETITIONER BEFORE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 28884 OF 2007 L ------------------------------------------------------ Dated this the 22nd January, 2009 JUDGMENT The reliefs prayed for in the Writ Petition are the following: “(i) To issue a writ of Mandamus or any other appropriate writ, direction or order directing Respondents to promote the petitioner as Assistant Professor in the vacancy available in the Department of Orthopaedics at Medical College Hospital, Alappuzha and to treat the promotion so granted notionally with effect from the date on which the immediate Junior of petitioner in Ext.P5 got promoted, and (ii) To issue such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.” 2. It is submitted by the learned counsel for the petitioner as well as the learned Government Pleader that first part of relief No.(i) has become infructuous as the petitioner has already been promoted as Assistant Professor on provisional basis, as per Ext.P13 order dated 28.1.2008 passed by the Government. As regards the prayer for granting notional promotion with effect from the date on which the immediate junior of the petitioner was promoted, the representation dated 25.2.2008, submitted by the petitioner before the Government (Ext.P14) is pending disposal. Learned counsel for the petitioner submits that, for the time W.P.(C) NO.28884 OF 2007 :: 2 :: being, the petitioner would be satisfied if a direction is issued to the first respondent to dispose of Ext.P14 representation in accordance with law, as expeditiously as possible. In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P14 representation dated 25.2.2008, submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of three months. It is made clear that it is not necessary to afford an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the Writ Petition, copy of I.A.No.10970 of 2008 and certified copy of the judgment before the first respondent. All the contentions of the parties are left open and the petitioner would be free to approach the Court in respect of the same, if and when occasion arises. (K.T.SANKARAN) Judge ahz/