High Court Kerala High Court

Bimal Lazer vs State Of Kerala on 10 August, 2009

Kerala High Court
Bimal Lazer vs State Of Kerala on 10 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11336 of 2009(J)


1. BIMAL LAZER,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY ITS SECRETARY
                       ...       Respondent

2. THE DIRECTOR OF COLLEGIATE EDUCATION,

3. DPC FOR PROMOTION TO THE POST OF

                For Petitioner  :SMT.S.KARTHIKA

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :10/08/2009

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
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                 W.P. (C) No.11336 OF 2009
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          Dated this the 10th day of August, 2009

                            J U D G M E N T

The writ petition is filed by the petitioner to consider

his name for promotion to the post of Lecturer in Physical

Education in Higher Education Department as posts are lying

vacant since 1.4.2009.

2. The petitioner is a Post Graduate having a Doctorate in

Physical Education. He is also having P.G. Diploma in Course

Management. He entered in service as a Physical Education

Teacher on 25.9.1996. He was promoted to the post of

Physical Education Instructor in Govt. Polytechnic on

13.12.2007. He has successfully completed probation in the

post of Physical Education Instructor w.e.f. 12.12.2008.

3. The post of Physical Education Lecturer is a selection

post, and has to be filled up after consideration by the

Departmental Promotion Committee. It is pointed out that the

DPC, which met on 6.8.2008 did not consider his name mainly

for the reason that he has not completed probation on that

date.

4. It is submitted that the petitioner is the senior most

eligible person for promotion to the post of Physical Education

WPC.No.11336 OF 2009
: 2 :

Lecturer which are arising in 2009. The petitioner, in these

circumstances, has approached this court seeking for issuance of

appropriate orders in the matter. It is pointed out that the rank list

Ext.P4 is being taken to fill up the available vacancies. The learned

Govt. Pleader, on instructions submits that the petitioner is the

senior most person in the Physical Education Department. Steps

are being taken to convene the DPC. It is prayed that reasonable

time may be granted for convening of the DPC. The delay occurred

only because of the fact that PSC will have to communicate their

concurrence for the date for holding the meeting of the DPC.

The writ petition is therefore disposed of with the direction

that the proceedings of the DPC will be finalised within a period of

two months. No costs.

( T.R. RAMACHANDRAN NAIR, JUDGE)

jma