Writ petition regarding promotion dates was dismissed as infructuous since petitioners were already promoted to Section Officer with effect from 02/07/2010.
Writ petition dismissed as infructuous as grievance was redressed by actual promotion.
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 A.M.SHAFFIQUE
FRIDAY, THE 30TH DAY OF NOVEMBER 2012/9TH AGRAHAYANA 1934
WP(C).No. 32227 of 2007 (J)
PETITIONER(S):
1. K.VIJAYAN, OFFICE ASSISTANT, TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE (TBGRI), PALODE, THIRUVANANTHAPURAM DISTRICT.
2. S.MEENAKUMARI, -DO- -DO-
BY ADVS.SRI.KRB.KAIMAL (SENIOR) SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN SRI.PRAMJI PAUL VAZHAPPILLY
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SCIENCE, TECHNOLOGY AND ENVIRONMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, REPRESENTED BY ITS MEMBER SECRETARY, SASTHRA BHAVAN, PATTOM THIRUVANANTHAPURAM-695 004.
3. THE TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM REPRESENTED BY ITS DIRECTOR.
R1 BY GOVERNMENT PLEADER SRI.A.J.JOSE ADIYODI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MJL
A.M.SHAFFIQUE, J.
-------------------------W.P.(C).NO.32227 OF 2007
Dated this the 30th day of November, 2012
J U D G M E N T
Petitioners were appointed as Office Assistants in the Tropical Botanic Garden and Research Institute which is a feeder category for the next promotion post of Section Officers. According to the petitioner the vacancies had arisen on 31/01/2007 and 31/05/2007. Since the Government issued Ext.P12 notification proposing direct recruitment to the post of Section Officers, the same happened to be challenged by the petitioners in this writ petition and there was a stay of further proceedings pursuant to Ext.P12.
W.P.(C).NO.32227 OF 2007 2
petitioners in regard to their claim for promotion is already satisfied. As far as direct recruitment is concerned
the department has not taken any steps regarding the same because of the stay granted by this court. It is submitted that the department will be entitled to proceed for direct recruitment only in the event the rules permit such a procedure. At any rate we are not concerned with the validity or otherwise of Ext.P12 as matters stand now since the grievance of the petitioners are already redressed.
W.P.(C).NO.32227 OF 2007 3
Hence I am of the view that nothing else requires to
be decided in the above writ petition, the same is dismissed
as infructuous.
Sd/-A.M.SHAFFIQUE JUDGE
MJL
1 issue framed by the court
Whether promotion should be made effective from the date of vacancy or date of actual promotion.
K.Vijayan
S.Meenakumari
State of Kerala
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
