O. UNNIKRISHNAN Vs. STATE OF KERALA AND

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) The reliefs prayed for in the Writ Petition are the following: