IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
DR.REKHA R PAI – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 10004 OF 2026
| Table of Content |
|---|
| 1. promotion approval process and its implications (Para 1 , 2) |
| 2. court's directive for timely governmental response (Para 3 , 4 , 5) |
JUDGMENT
Dated this the 13th day of March, 2026 The petitioner was promoted as Reader in the Department of Forensic Medicine and Toxicology by the 5th respondent-College as per Ext.P1 order dated 10.12.2014 by the Management. The said promotion was duly approved by the University as per Ext.P2 order dated 07.10.2020 with effect from 26.02.2011, subject to the result of the SLP pending before the Hon'ble Supreme Court with respect to the date from which the promotion takes effect.
2. In such circumstances, the Government as per Ext.P3 order, whereby the salary and other admissible monetary benefits for the period from 15.08.2012 to 14.08.2017 were decided to be credited to the Provident Fund account to the petitioners in W.P.(C) No.20434 of 2012. The petitioner is also similarly situated and is entitled to identical benefits. Also, it is true that once the approval was granted by the University with respect to the promotion effected by the Management, it is incumbent for the Government to approve the same. So, failure to grant approval with respect to the promotion of the petitioner amounts to denial of justice and requires interference from this Court, contends the petitioner.
3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. Notice to respondents 5 and 6 is dispensed with in view of the nature of the relief to be granted in this writ petition.
4. The prayer of the petitioner is to grant approval with respect to the promotion granted to the petitioner as Reader by the Management as per Ext.P1 which has been approved by the University as per Ext.P2 in the Department of Forensic Medicine and Toxicology and to disburse all monetary benefits arising out of the said promotion taking into consideration Ext.P3.
5. From the pleadings, I find that the petitioner has preferred Ext.P4 representation to the 2nd respondent in this regard. As the petitioner has already approached the 2nd respondent, it would be only just and proper that the 2nd respondent considers the same and takes appropriate decision thereon in accordance with law within a period of two months.
The writ petition is therefore disposed of directing the
2nd respondent to consider Ext.P4 and pass appropriate orders thereon in accordance with law within a period of two months.
Sd/-
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