Dr. K.J. Sharlet filed a writ petition claiming entitlement to promotion as District Medical Officer. The Court held she could not claim promotion because her tenure in the feeder post of Superintendent was provisional and subsequent to her original retirement date. The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932
WP(C).No. 19122 of 2010(M)
--------------------------
PETITIONER(S):
----------------------
DR.K.J.SHARLET (RETD), MADATHIPARAMBIL HOUSE, EDATHALA P.O., PUKKATTUPADY, ALUVA - 683 561 (SUPDT, HOMOEO HOSPITAL, MUVATTUPUZHA).
BY ADV. SRI.K.G.ANIL BABU
RESPONDENT(S):
-----------------------
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE (J) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF HOMOEOPATHY, EAST FORT, THIRUVANANTHAPURAM.
GOVT.PLEADER SRI.ARAVINDKUMAR BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J. ================ W.P.(C) NO. 19122 OF 2010 (M)
=====================
Dated this the 7th day of July, 2010
J U D G M E N T
Petitioner retired from service on 31/7/08. In this writ petition, what is claimed is that she ought to have been granted promotion as District Medical Officer w.e.f. 1/6/08. However, on facts, it is seen that pursuant to the directions of this Court in WP (C) No.7673/08, petitioner was provisionally promoted to the post of Superintendent w.e.f. 24/4/08, in which post, the petitioner joined on 12/5/2008 and retired on 31/7/08. Evidently therefore, in the feeder category post of Superintendent, petitioner's promotion was only a provisional promotion, and therefore, she could not have aspired for further promotion.
In that view of the matter, the writ petition is only to be dismissed and I do so.
ANTONY DOMINIC, JUDGE
Rp
2 issues framed by the court
Whether a petitioner entitled to promotion despite having joined a feeder post only after provisional promotion.
If the writ petition must be dismissed given the facts regarding the petitioner's retirement from the post of Superintendent.
Dr. K.J. Sharlet
The State of Kerala
The Director of Homoeopathy
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
