IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 2845 of 2011(E) ------------------------------------- PETITIONER(S): ------------------------ DR.N.RATNA KUMARI, PROFESSOR, DEPARTMENT OF PEDODONTICS, DENTAL COLLEGE, TRIVANDRUM BY SRI.P.RAVINDRAN, SENIOR ADVOCATE BY ADV. SMT.APARNA RAJAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT THIRUVANANTHAPURAM-1 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695011 3. DEPARTMENTAL PROMOTION COMMITTEE(HIGHER) DENTAL EDUCATION SERVICE, THIRUVANANTHAPURAM-695011 BY GOVT. PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R.RAMACHANDRAN NAIR, J ........................................... WP(C)NO.2845 OF 2011 ............................................ DATED THIS THE 1ST DAY OF FEBRUARY, 2011 JUDGMENT The petitioner is presently working as Professor in the Department of Pedodontics, Dental College, Thiruvananthapuram. The main prayer in the writ petition is for a direction to assign the date of promotion to the petitioner as Professor with effect from 1.1.2001 when the vacancy of Professor had arisen. Presently, a fresh vacancy in the post of Principal will arise on 1.3.2011. The petitioner entered service as tutor on 9.4.1980. After acquiring Post Graduate qualification in Dentistry, she was promoted as Assistant Professor on 1.4.1990 and to the post of Associate Professor on 1.4.1995. While working as Associate Professor, she obtained M.Phil degree in Clinical Epidemiology in the year 1999 and then became qualified for promotion to the post of Professor. 2. It is the case of the petitioner that the post of Principal, Dental college, Thiruvananthapuram fell vacant on 1.6.1999. The post had to be filled up by promoting persons on the basis of Wpc 2845/2011 2 seniority after taking all the departments together. One Hareendranath was the seniormost Professor but he relinquished promotion for two years. Petitioner's immediate senior Dr.Ramakrishnan also was not promoted. The post remained unfilled. After rejoining duty by Dr.Hareendranath in the year 2001 also, it was not filled up. In the year 2001, one more post of Principal was created as per Ext.P1 in Dental College, Kottayam. It is stated that the said post was filled up by promoting Dr.Ramakrishnan after one year. 3. The DPC met in the year 2002 and the name of the petitioner finds a place in Ext.P3. According to the petitioner, the non consideration of the petitioner for the vacancy, which has arisen on 1.6.1999 resulted in juniors stealing a march over them. The petitioner thereafter filed Ext.P4 representation but it was not acted upon. Finally, this court in WP(C) No.7673 of 2006 directed the Government to consider the representation but the same was rejected by Ext.P6 order. The claim of the petitioner for assignment of post of Professor with effect from 1.6.1999 was rejected therein. Wpc 2845/2011 3 4. Presently, the petitioner points out that one Dr. George Varghese, who was junior to the petitioner in the cadre of Professor, was rank No.4 in the seniority list. By Ext.P9 he is given a retrospective date of promotion with effect from 1.3.2001. Even though he is in another department, viz, the Department of Oral and Maxillofacial Surgery, for the post of Principal, since seniority after combining all the departments are taken, the same will affect the petitioner adversely. In these circumstances, petitioner claims that the petitioner's date of assignment of promotion is to be modified as on 1.1.2001. Seeking such a benefit, petitioner has filed Ext.P10 representation. 5. The learned senior counsel for the petitioner Sri P.Raveendran, submitted that the assignment of a new date to her junior really affects the petitioner's claim as Principal and since he has already been granted the benefit, a similar benefit will have to be given to the petitioner. It is upto the Government to take a decision in the matter. Therefore, there will be a direction to the first respondent to take a decision on Ext.P10 Wpc 2845/2011 4 representation, within a period of six weeks from the date of receipt of a copy of this judgment and at any rate before filling up the post of Principal. The effect of Ext.P8 will also be considered. Petitioner will produce a copy of the writ petition along with a copy of this judgment for compliance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE lgk