O. Unnikrishnan vs State of Kerala and The Director of Collegiate Education

K.T. Sankaran, J.—The petitioner was working as Instructor in Physical Education in Government Polytechnic. He was given notional promotion as Lecturer in Physical Education with effect from 12.6.1997 as per Ext.P2 order passed by the Director of Collegiate Education, Thiruvananthapuram (Order No. B1/15937/94/Coll.Edn. dated 28.3.2003 and 16.4.2003). It is stated that the notional promotion itself was given on the basis of Ext.P1 judgment in O.P. Nos. 3674 and 4177 of 1994, filed by persons who were similarly situated as that of the petitioner. The grievance in Ext.P1 Writ Petitions was that though vacancies were available, the amendment brought to the Special Rules subsequently was being insisted. That contention was not found favour in Ext.P1 judgment.

Though Ext.P2 order was passed on 28.3.2003 giving notional promotion to the petitioner and probably modified as per order dated 16.4.2003, the petitioner submitted Ext.P4 representation dated 14.5.2010, after several years, requesting to give notional promotion from 10.8.1993 and to fix the promotions and service benefits accordingly. The contention of the petitioner is that vacancies were there even before the commencement of the amendment to the Special Rules and therefore, the notional promotion ought to have been made with reference to the date of occurrence of vacancies.

The reliefs prayed for in the Writ Petition are the following:

(a) Writ in the nature of mandamus commanding the second respondent to consider and pass orders on Exhibit P4 within a stipulated time;

(b) Writ in the nature of mandamus commanding the second respondent to assign date of promotion as Lecturer in Physical Education to the petitioner from any date prior to 21.3.1994 against the then existing vacancies notionally and grant other consequential benefits notionally including revision of pension and arrears thereto;

(c) Declare that the petitioner is entitled to be assigned with date of promotion as Lecturer in Physical Education from any date prior to 21.3.1994 and further entitled for consequential benefits at least notionally; and

(d) Such other orders which are deem necessary in the interest of justice which the Hon''ble Court feel deem fit in the facts and circumstances of the case.

The learned Counsel for the petitioner submitted that for the time being, the petitioner confines the prayer to relief (a) and submits that a direction may be issued to the second respondent to consider and dispose of Ext.P4 representation dated 14.5.2010 expeditiously.

In the facts and circumstances, the Writ Petition is disposed of directing the Director of Collegiate Education, Thiruvananthapuram to consider and dispose of Ext.P4 representation dated 14.5.2010 submitted by the petitioner, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the Writ Petition along with a certified copy of the judgment before the Director of Collegiate Education, Thiruvananthapuram. The Director of Collegiate Education shall take a final decision in the matter within a period of three months from the date of receipt of a copy of the judgment.