IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 14859 of 2007(R) -------------------------------- PETITIONER: -------------- DR.SAIBUNEESA BEEVI, PROFESSOR AND HEAD OF THE DEPARTMENT PSYCHIATRY, MEDICAL COLLEGE, KOTTAYAM. BY MR.M.BALAGOVINDAN, ADVOCATE. MR.M.R.SASITH, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM. 3. DR.K.N.LAILA, PRINCIPAL, MEDICAL COLLEGE, ALAPPUZHA. BY MR. T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.14859/2007 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE PROVISIONAL SENIORITY LIST OF PROFESSORS (RELEVANT PORTION). EXT. P2 : COPY OF COMMUNICATION FROM DIRECTOR OF MEDICAL EDUCATION DTD. 28.3.07. EXT. P3 : COPY OF COMMUNICATION EXPRESSING THE WILLINGNESS OF PETITIONER DTD. 28.3.07. EXT. P4 : COPY OF ORDER PROMOTING 3RD RESPONDENT AS THE PRINCIPAL OF MEDICAL COLLEGE ALAPPUZHA DTD. 27.4.07. EXT. P5 : RELEVANT PORTION OF JUDGMENT IN SESSIONS CASE. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14859 OF 2007 --------------------------------------- Dated this the 6th day of August, 2009. J U D G M E N T The petitioner, at the time of filing of the writ petition, was working as Professor and Head of the Department of Psychiatry, Medical College, Kottayam. She was promoted as such on 28.06.2000. Exhibit P1 is the copy of the provisional seniority list. The 3rd respondent is a Professor in Pharmacology who was promoted on 11.08.2000. The petitioner is ranked 64 in Exhibit P1 and the 3rd respondent is ranked 69. The petitioner was asked to forward her willingness to accept the post of Principal in the Government Medical College. Exhibit P2 is the communication relied upon in support of the above averment. Exhibit P4 is the order by which the 3rd respondent was promoted as Principal. 2. The petitioner has produced along with I.A.No.9728/2009 a copy of the judgment of the Additional Sessions Judge (Special), Kottayam in Sessions Case No.79/2007 wherein the W.P.(C) No.14859/2007 2 petitioner was the 9th accused. The petitioner's case is that she was unnecessary implicated in the said case. The incident alleged therein is a rape in S.M.E Nursing College, Kottayam. The petitioner was acquitted in the said criminal case which is evident from the judgment itself. It is the case of the petitioner that only because of the pendency of the said case, the petitioner was denied promotion. 3. Now the petitioner has attained the age of superannuation and she has retired from service. Therefore, at this stage, no direction could be issued to promote the petitioner in service. 4. Learned counsel for the petitioner submitted that the Government may be directed to take a decision afresh with regard to the right of the petitioner for notional promotion and other consequential benefits as on the date on which any junior to the petitioner was promoted. If the petitioner files an appropriate representation seeking for notional promotion and other benefits within a period of three weeks from today, the same will be considered and appropriate W.P.(C) No.14859/2007 3 orders will be passed by the 1st respondent, after hearing the petitioner and any other affected parties, within a further period of three months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp