KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is the Professor and Head of the Department of Psychiatry, Medical College, Trivandrum has filed this Original Petition aggrieved by the omission of the Government to promote him as Principal after his withdrawal of relinquishment of promotion to the post of Principal. The brief facts necessary for the disposal of the case are the following:

(2.) The petitioner is the seniormost Professor among the Professors under the Directorate of Medical Education. As per Ext. P1(a) order dated 21.10.1999, the petitioner and two others were promoted to the cadre of Principal / Joint Director, Medical Education. The promotion was a temporary promotion under R.31 of the KS & SSR. Owing to personal reasons, the petitioner relinquished the said promotion by Exts. P2 and P2(a) dated 21.10.1999. Ext. P2(a) is a relinquishment given in the prescribed form relinquishing his right for promotion as Principal permanently. Ext. P2 is the covering letter by which he has relinquished the promotion ordered to him as per Ext. P1(a). Thereafter, the petitioner submitted Ext. P3 representation dated 10.12.1999. As per the said representation, he requested to permit him to withdraw the relinquishment submitted by him. The relevant portion of Ext. P3 reads as follows:

(3.) From the above it is clear that the petitioner intended to withdraw the permanent relinquishment given as per Exts. P2 and P2(a). It is also clarified therein that he is withdrawing the relinquishment with effect from the date Dr. V.G. Chellam is completing her term as Principal at Thiruvananthapuram. From the pleadings of the parties, it is evident that the date of retirement of Dr. V.G. Chellam is 30.4.2001. The Government by Ext. P4 order dated 28.12.1999, inter alia, accepted the relinquishment of the petitioner made as per Exts. P2 and P2(a) dated 21.10.1999. The Government have a case that Ext. P3 though dated 10.12.1999, was received in the second respondents office only in February, 2000 and before the same was received, Ext. P4 order was passed.