Kerala High Court
Unknown vs By Advs.Sri.A.Jayasankar
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940
WP(C).No. 11503 of 2018
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PETITIONER
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MERIN SARAH GEORGE,
ASSISTANT PROFESSOR,
DEPARTMENT OF ELECTRONICS & COMMUNICATION ENGINEERING,
MA COLLEGE OF ENGINEERING , KOTHAMANGALAM.
BY ADVS.SRI.A.JAYASANKAR
SRI.MANU GOVIND
SRI.ASHWIN SETHUMADHAVAN
SMT.B.MEERA
SRI.S.SABARINADH
RESPONDENT(S):
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1. STATE OF KERALA,
IN HIGHER EDUCATION(G) DEPARTMENT, GROUND FLOOR,
SOUTH BLOCK, SECRETARIAT, STATUE,
THIRUVANANTHAPURAM,
REPRESENTED BY THE PRINCIPAL SECRETARY-695001.
2. THE JOINT DIRECTOR,
OFFICE OF THE REGIONAL DIRECTOR OF TECHNICAL-
EDUCATION CHELAD P O, KOTHAMANGALAM,
ERNAKULAM 686681.
3. THE MAR ATHANASIUS COLLEGE OF ENGINEERING ,
KOTHAMANGALAM , PIN- 686666,
REPRESENTED BY ITS PRINCIPAL.
R1,R2 BY SENIOR GOVERNMENT PLEADER SRI B.UNNIKRISHNAN KAIMAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 11503 of 2018 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 COPY OF LIST OF NAMES OF APPOINTEES, POSTS TO
WHICH THEY ARE ACCOMMODATED AND THE STATUS
OF APPROVAL AS ALSO POSITION AS REGARDS THE
PAYMENT OF SALARY IS DETAILED IN A SEPARATE
TABLE
EXHIBIT P2 COPY OF THE REQUEST DATED 07.02.2018 MADE BY THE
PETITIONER TO THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
9.04.2018
ANIL K.NARENDRAN, J.
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W.P.(C).No.11503 of 2018
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Dated this the 3rd day of April, 2018
JUDGMENT
The petitioner, who was appointed as Assistant Professor in the 3rd respondent College with effect from 04.09.2013 against a promotion vacancy, has approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent to approve her appointment or in the alternative to issue a writ of mandamus compelling the 2nd respondent to consider and pass appropriate orders on Ext.P2 representation dated 07.02.2018, within a time limit to be fixed by this Court.
2. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for respondents 1 and 2. Considering the nature of relief proposed to be granted, service of notice on the 3rd respondent is dispensed with.
3. During the course of arguments, the learned counsel for the petitioner would confine the relief sought for in this writ petition as one directing the 2nd respondent to consider and pass appropriate orders on Ext.P2 representation with notice to the petitioner and also to the 3rd respondent.
4. The learned Government Pleader would submit that the 2 nd respondent shall consider Ext.P2 representation and pass appropriate W.P.(C).No.11503 of 2018 2 orders thereon, with notice to the petitioner and also to the 3 rd respondent, within a time limit to be fixed by this Court.
5. In such circumstances, this writ petition is disposed of, without going into the merits of the case, by directing the 2 nd respondent to consider Ext.P2 representation submitted by the petitioner and pass appropriate orders thereon, strictly in accordance with law, with notice to the petitioner and also the 3 rd respondent, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.
All legal and factual contentions raised by the petitioner are left open to be raised before the 2nd respondent at appropriate stage.
Sd/-
ANIL K.NARENDRAN JUDGE AV/4/4