SOOSAN J PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) Even though various allegations and averments have been made and raised in this writ petition by the petitioner, who impugns Ext.P4 order issued by the Director of Technical Education; at the crux of it is the question whether the petitioner's promotion as Assistant Professor in Civil Engineering Department, TKM College of Engineering, Kollam, with effect from 13.07.1991, ought to have been a regular promotion rather than only notional.

(2.) While the petitioner asserts that she was appointed by the University of Kerala as a regular Assistant Professor with effect from 13.07.1991, the impugned order treats such promotion only as being notional, however, without citing any particular reason for so ordering. It is the petitioner's specific assertion that in view of the Ext.P2 judgment obtained by her, along with another person, in WP(C)No.11628/2005, she could have been only appointed on a regular basis and not on notional basis and that even though Ext.P3 order of the University of Kerala appoints her as a regular Assistant Professor, the Director of Technical Education has subsequently issued Ext.P4 treating her appointment as being only notional. The petitioner says that Ext.P4 is, therefore, illegal and unlawful to this extent.

(3.) The learned Standing Counsel appearing for the University of Kerala affirms that they had interpreted Ext.P2 judgment to mean that the petitioner is entitled to be appointed on regular basis and that consequently Ext.P3 order had been issued promoting her as an Assistant Professor with effect from 13.07.1991, being the date of occurrence of vacancy. He says that he has no comment to offer on Ext.P4, since the Director of Technical Education appears to have accepted Ext.P3 but to have still ordered promotion to the petitioner only on a notional basis.