Kerala High Court
K.M. Ismail vs The State Of Kerala on 27 July, 2011
Author: C.T. Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR
WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933
WP(C).No. 16834 of 2006(D)
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PETITIONER(S):
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1. K.M. ISMAIL, AGED 46 YEARS,
S/O. SRI.K.E. MUSTAFA, ASSISTANT LECTURER,
MAHARAJAS TECHNOLOGICAL INSTITUTE, TRICHUR.
2. M.P. ABDUL JALEEL, ASSISTANT LECTURER,
WOMEN'S POLYTECHNIC COLLEGE, KOZHIKODE.
3. K.J. FRANCIS, ASSISTANT LECTURER,
MAHARAJAS TECHNOLOGICAL INSTITUTE, TRICHUR.
4. K.S. KABEER, ASSISTANT LECTURER,
GOVERNMENT POLYTECHNIC, KOTTAYAM.
5. HANEEFA. A., ASSISTANT LECTURER,
GOVERNMENT WOMEN'S POLYTECHNIC COLLEGE,
KAYAMKULAM.
6. MINI K.K., ASSISTANT LECTURER,
GOVERNMENT POLYTECHNIC COLLEGE,
KOTTAYAM.
7. C.P. SUSEELA, ASSISTNAT LECTURER,
GOVERNMENT POLYTECHNIC COLLEGE,
MUTTOM, THODUPUZHA, IDUKKI DISTRICT.
8. PHILIP J. NADACKAL,
ASSISTANT LECTURER, GOVERNMENT POLYTECHNIC
COLLEGE, VENNIKULAM, PATHANAMTHITTA.
9. T.V. SOBHANA, ASSISTANT LECTURER,
GOVERNMENT POLYTECHNIC COLLEGE,
KOTHAMANGALAM.
10. ANIE PAUL, ASSISTANT LECTURER,
GOVERNMENT POLYTECHNIC COLLEGE,
PERUMBAVOOR.
BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR
W.P.(C) NO.16834/2006
RESPONDENT(S):
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1. THE STATE OF KERALA, REPRESENTED BY
THE SECRETARY TO THE GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
TRIVANDRUM.
2. THE DIRECTOR OF TECHNICAL EDUCATION,
TRIVANDRUM.
3. K.S. PRADEEP KUMAR, LECTURER,
MAHARAJAS TECHNOLOGICAL INSTITUTE, TRICHUR.
4. SOMAN E.G., LECTURER, GOVERNMENT
POLYTECHNIC COLLEGE, KALAMASSERY.
R1 & R2 BY GOVERNMENT PLEADER S.L.SURESH BABU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
tss
W.P.(C) NO.16834/2006
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE JUDGMENT DTD. 20.2.1998 IN OP. 15115/1996.
P2:- COPY OF THE JUDGMENT DTD. 9.2.2000 IN WA. 73/1999.
P3:- COPY OF THE JUDGMENT DT.D 6.3.2003 IN OP. 34441/2000.
P4:- COPY OF THE ORDER NO.G.O.(RT) NO.926/04/H.EDN. DTD. 12.7.2004 ISSUED BY THE
FIRST RESPONDENT.
P5:- COPY OF THE REPRESENTATION DT.D 20.10-.2004 OF THE FIRST PETITIONER
ADDRESSED TO THE FIRST RESPONDENT.
P6:- COPY OF THE LETTER NO.A3-INFORMATION/2008-09 DT.D 29.9.2009.
P7:- COPY OF THE LETTER NO.9/2009-10/2905/09 DTD. 6.8.2009.
P8:- COPY OF THE ORDER NO.EC5/8541/2006 DTD. 17.3.2006 ISSUED BY THE SECOND
RESPONDENT.
RESPONDENT'S EXHIBITS
NIL:-
TRUE COPY
P.A. TO JUDGE
tss
C.T. RAVIKUMAR, J.
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WP(C).No.16834 of 2006-D.
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Dated this the 27th July, 2011.
J U D G M E N T
This writ petition has been filed mainly with a prayer to declare that the petitioners are entitled to promotion as Lecturers. The petitioners are presently working as Assistant Lecturers in various Government Polytechnic Colleges. Their grievance is against the non consideration of their requests for promotion made as per Ext.P5 representation submitted before the first respondent. After the institution of this writ petition the petitioners have produced Exts.P6 to P8. Ext.P8 is an order whereby certain promotions were effected from the post of Assistant Lecturer. The contention of the petitioners is that as per Ext.P8 order their juniors were also promoted as Lecturers. When this matter was taken up for consideration the learned counsel for the petitioners submitted that considering the said subsequent development the first respondent may be directed to consider Ext.P5 WP(C).No.16834/2006-D. 2 expeditiously.
2. I have heard the learned counsel appearing for the petitioners and also the learned Government appearing for the respondents.
3. In view of the submission made by the learned counsel for the petitioners I am inclined to dispose of this writ petition with a direction to the first respondent to consider Ext.P5 representation and pass orders thereon expeditiously, at any rate, within three months from the date of receipt of a copy of this judgment with notice to the persons who are likely to be affected as well. It will open to the petitioners to file supplementary representations if they are desirous to do so, within ten days from the date of receipt of a copy of this judgment. It is made clear that this Court has not made any observation as to the merits of the contentions of the petitioners.
C.T. RAVIKUMAR, (Judge) Kvs/-