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High Court of KeralaWP(C)/28329/2015disposed of

T.V.Sumughan v. State Of Kerala

2015-09-185 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 ------------------------------------------- PETITIONER(S) :

------------------------- T.V.SUMUGHAN, AGED 53 YEARS, S/O.LATE SRI.T.K.VELAYUDHAN, RESIDING AT 'THACHAPILLY HOUSE', KARUVANNUR P.O., THRISSUR- 680 711.

BY ADVS.SRI.T.K.SASINDRAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S) :

----------------------------

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPART OF AYUSH, (AYURVEDA, YOGA, UNANI, SISHA AND HOMOEO)GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

3. THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION, AROGYA BHAVAN, THIRUVANANTHAPURAM- 695 001.

4. THE MANAGER, VAIDYARATNAM AYURVEDA COLLEGE, OLLUR, THAIKKATTUSSERY, THRISSUR- 680 306.

5. THE PRINCIPAL, VAIDYARATNAM AYURVEDA COLLEGE, OLLUR, THAIKKATTUSSERY, THRISSUR- 680 306.

R1 TO R3 BY GOVERNMENT PLEADER SMT.LOWSY.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------------ P1:

TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 4TH RESPONDENT VIDE A1/820/87-3/VAC DATED 15/06/1988. P2:

TRUE COPY OF THE ORDER FOR DECLARATION OF PROBATION DATED 19/07/1990 ISSUED BY 4TH RESPONDENT.

P3:

TRUE COPY OF THE ORDER FOR REGULARIZING THE SERVICE OF THE PETITIONER VIDE ORDER A1/343/93/VAC DATED 08/06/1993 ISSUED BY 4TH RESPONDENT.

P4:

TRUE COPY OF ORDERS FOR REGULAR PROMOTION OF THE PETITIONER AS UPPER DIVISION CLERK VIDE NO.A1/548/92/VAC DATED 20/09/1993.

P5:

TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT PROMOTING THE PETITIONER TO THE POST OF JUNIOR SUPERINTENDENT VIDE ORDER NO.A1/188/2007/VAC DATED 30/03/2007. P6:

TRUE COPY OF THE LETTER DATED 23/04/2007 SENT TO THE 1ST RESPONDENT.

P7:

TRUE COPY OF THE REMINDER SENT BY 4TH RESPONDENT VIDE NO.A1/188/07/VAC DATED 11/11/2008.

P8:

TRUE COPY OF THE LETTER FORWARDED BY 5TH RESPONDENT VIDE LETTER DATED 02/01/2012.

P9:

TRUE COPY OF THE REMINDER ADDRESSED TO THE 1ST RESPONDENT DATED 27/02/2013 BY THE 5TH RESPONDENT.

P10:

TRUE COPY OF GOVERNMENT ORDER VIDE G.O.(MS) NO.72/2014/H&FWD DATED 04/03/2014.

P11:

TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN W.P.(C).NO.14013/2009 DATED 11/04/2014.

P12:

TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT VIDE NO.A1/19/2013/VAC DATED 03/07/2014. P13:

TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT VIDE NO.A1/838/2014/VAC DATED 01/11/2014.

P14:

TRUE COPY OF THE ORDERS ISSUED BY 4TH RESPONDENT GRANTING REGULAR PROMOTION VIDE ORDER NO.A1/838/2014/VAC DATED 25/06/2015.

------------------------------------------ P15:

TRUE COPY OF THE LETTER DATED 02/07/2015 SENT TO THE 1ST RESPONDENT FROM THE 4TH RESPONDENT.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

ANIL K.NARENDRAN, J.

------------------------------------ W.P.(C)No.28329 of 2015 ---------------------------------------- Dated this the 18th day of September, 2015

JUDGMENT

The petitioner, who is now working as Junior Superintendent in Vaidyaratnam Ayurveda College, Thrissur, has filed this writ petition seeking a writ of mandamus commanding the 1st respondent to consider Ext.P15 representation dated 2.7.2015 submitted by the 4th respondent, in the light of Ext.P14 order passed by the 4th respondent granting regular promotion to the petitioner. The learned counsel for the petitioner would submit that, Ext.P15 representation is still pending consideration before the 1st respondent.

2.

The learned Government Pleader would submit that, if Ext.P15 representation is still pending consideration, the 1st respondent shall pass appropriate orders thereon within a time limit that may be fixed by this Court.

In such circumstances, without going into the merits of the contentions raised by the petitioner, this writ petition is disposed of directing the 1st respondent to consider and pass appropriate orders

W.P.(C).No.28329 of 2015 on Ext.P15 representation, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment with notice to the petitioner and also to respondents 4 and 5.

Sd/- ANIL K.NARENDRAN, JUDGE skj