Dr.Peter M. Raj vs State Of Kerala
2021 Latest Caselaw 3083 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                    WP(C).No.2244 OF 2021(E)
PETITIONERS :-

      1      DR.PETER M. RAJ,
             ASSOCIATE PROFESSOR,
             KERALA INSTITUTE OF LOCAL ADMINISTRATION (KILA)
             MULAMKUNNATHUKAVU P.O., THRISSUR, PIN-680 581.

      2      DR. J.B. RAJAN,
             ASSOCIATE PROFESSOR,
             KERALA INSTITUTE OF LOCAL ADMINISTRATION (KILA)
             MULAMKUNNATHUKAVU P.O., THRISSUR, PIN-680 581.

      3      DR. ABEY GEORGE,
             ASSOCIATE PROFESSOR,
             KERALA INSTITUTE OF LOCAL ADMINISTRATION (KILA)
             MULAMKUNNATHUKAVU P.O., THRISSUR, PIN-680 581.

             BY ADVS.
             SRI.JOSEPH P.ALEX
             SRI.JACOB P.ALEX
             SRI.MANU SANKAR P.

RESPONDENTS :-

      1      STATE OF KERALA
             REPRESENTED BY ITS PRINCIPAL SECRETARY,
             LOCAL SELF GOVERNMENT DEPARTMENT,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695 001.

      2      KERALA INSTITUTE OF LOCAL ADMINISTRATION (KILA),
             REPRESENTED BY ITS DIRECTOR GENERAL,
             MULAMKUNNATHUKAVU P.O., THRISSUR, PIN - 680 581.

      3      EXECUTIVE COMMITTEE OF KERALA INSTITUTE OF
             LOCAL ADMINISTRATION (KILA),
             REPRESENTED BY ITS CHAIRMAN,
             MULAMKUNNATHUKAVU P.O., THRISSUR, PIN - 680 581.

      4      DIRECTOR GENERAL,
             THE KERALA INSTITUTE OF LOCAL ADMINISTRATION (KILA)
             MULAMKUNNATHUKAVU P.O., THRISSUR, PIN - 680 581.

             BY SRI.T.RAJASEKHARAN NAIR, GP
             BY SRI.V.A. MUHAMMED, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2244 OF 2021(E)

                                     -: 2 :-


                                 JUDGMENT

Dated this the 28th day of January 2021

This writ petition is filed seeking the following reliefs :-

"i. Issue a writ in the nature of mandamus or any other writ, order or direction commanding 3rd respondent to consider and take a final decision on Exhibit P11 in the light of Exhibits P2 and P3 within a time limit to be fixed by this Hon'ble Court.

ii. Issue a writ in the nature of certiorari or any other writ, order or direction calling for the records leading to the issuance of Exhibits P6, P6(a) and P6(b) and quash the same."

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for respondents 2 to 4 as well as

the learned Government Pleader for the 1st respondent.

3. It is submitted by the learned counsel for the petitioners

that the petitioners are eligible for promotion as Professors in

accordance with Exts.P2 and P3. It is submitted that since the due

promotions had been kept in abeyance, they have approached the 3 rd

respondent with Ext.P11 representation. It is submitted that the 3 rd

respondent may be directed to take an appropriate decision on

Ext.P11.

Having heard the learned Standing Counsel as well, I am of

the opinion that the representation preferred by the petitioners is

liable to be considered in accordance with law. There will, WP(C).No.2244 OF 2021(E)

accordingly, be a direction to the 3rd respondent to take up, consider

and pass orders on Ext.P11 representation preferred by the

petitioners, taking note of Exts.P2 and P3 as well, within a period of

two months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/1.2.2021 WP(C).No.2244 OF 2021(E)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF GO(MS) NO 203/2003/LSGD DATED 3.7.2003

EXHIBIT P2 TRUE COPY OF GO(P) NO 58/2010/H.EDN DATED 27.3.2010

EXHIBIT P3 THE COPY OF THE GO(MS) NO 27/2015/LSGD DATED 12.2.2015

EXHIBIT P4 THE COPY OF THE PROMOTION ORDER OF 1ST PETITIONER BEARING NO KILA/EI-2016/101/1647 AUGUST 2016

EXHIBIT P4 (a) THE COPY OF PROMOTION ORDER OF 2ND PETITIONER BEARING NO KILA/E1-2016/101/1647 JUNE 2017

EXHIBIT P4 (b) TRUE COPY OF PROMOTION ORDER OF 3RD PETITIONER BEARING NO KILA/E1-2016/101/1647 JULY 2017

EXHIBIT P5 TRUE COPY OF ORDER BEARING NO KILA/E638/2011(1) DATED 27.3.2015 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P5 (a) TRUE COPY OF ORDER BEARING NO KILA/E 2017/101/2345(1) DATED 30.11.2017

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION NO 2016/101/1647 DATED 28.6.2020 ISSUED TO 1ST PETITIONER

EXHIBIT P6 (a) TRUE COPY OF THE COMMUNICATION NO 2016/101/1647 DATED 4.1.2021 ISSUED TO 2ND PETITIONER

EXHIBIT P6 (b) TRUE COPY OF THE COMMUNICATION NO 2016/101/1647 DATED 4.1.2021 ISSUED TO 3RD PETITIONER

EXHIBIT P7 TRUE COPY OF ORDER BEARING NO KILA-2019/4329/HQ DATED 9.1.2020

EXHIBIT P8 TRUE COPY OF GO(MS) NO 115/2020/LSGD DATED 31.7.2020

EXHIBIT P9 TRUE COPY OF GO(MS) NO 201/2020/LSGD DATED 24.12.2020

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION BEFORE THE 3RD RESPONDENT