Keerthi S vs University Of Kerala

Raja Vijayaraghavan V, J

The petitioners state that they are presently working as Assistants (Senior Grade) in the University of Kerala. They have approached this Court seeking to quash Exts.P5 to P7 orders as per which, their request for grant of promotion to the post of Assistant (Senior Grade) and (Selection Grade) in the University in terms of the relevant statutory rules and Ext.P2 Circular and Ext.P3 Government Order was declined.

The petitioners contend that they have passed Departmental Tests during January 2018 and have completed two years in the post of Assistant in the University. The petitioners also rely on Ext.P2 circular and Ext.P3 Government Order dated 26.02.2019 to substantiate their contention.

When this matter came up for consideration, Sri. B. Mohan Lal, the learned counsel appearing for the petitioners submitted that the petitioners have preferred Exts.P8 to P8(d) representations before the 1st respondent raising all their contentions and grievances. It is submitted that for the time being, the petitioners would be satisfied if directions are issued to the 1st respondent to consider Exts.P8 to P8(d) in an expeditious manner in the light of Exts.P2 and P3. The learned counsel also requested that the legal contentions raised by the petitioners in this writ petition be left open.

Sri. Thomas Abraham, the learned Standing Counsel appearing for the University submitted that if the request of the petitioners is only for a consideration of Exts.P8 to P8(d) on its merits, the University has no objection.

In view of the limited nature of the relief sought for, notice to respondents 3 to 7 is dispensed with.

After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Exts.P8 to P8(d), after affording an opportunity of being heard, either physically or virtually, to the petitioners herein or their authorised representatives.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.

c) It would be open to the petitioners to produce a copy of the writ petition along with the judgment before the concerned respondent for further action. All the legitimate legal contentions raised by the petitioners in this writ petition are left open.

This writ petition is disposed of.