Eligibility for promotion approval is contingent upon government consent, with precedence from previous court rulings influencing current assessments.

The petitioners in W.P.(C) No.7223 of 2026 are teaching staff, who retired on superannuation from the services of the 4^th respondent-Homeopathic Medical College. The petitioners in W.P.(C) No.8459 of 2026 are working in such posts as on date.

2. The contention of the petitioners is that they are eligible to get approval for their promotion to the respective posts to which they were promoted with effect from 26.02.2011. However, the Government did not grant approval contending that their eligibility for approval would be only from

14.08.2012.

3. The petitioners state that their promotions in the year 2011 were already granted / approved by the College Management and were also approved by the University. However, the Government is not taking a final decision in the matter. Similarly situated Teachers have approached this Court and obtained favourable orders which were upheld by the Division Bench also. The State has taken up the matter before the Hon’ble Apex Court and SLP (C) No.30451-

30454/2019 is pending.

4. However, in the case of Jogi Varghese and others, the Government has taken a stand that benefit can be given to the Teachers from the year 2012 onwards and their eligibility for anterior date in the year 2011 can be considered as and when the Hon’ble Apex Court finally decides the matter.

5. Accordingly, Government Order dated

13.02.2026 was issued (Ext.P9 in W.P.(C) No.8459 of 2026) granting the benefits to the Teachers whose names are included therein, from the year 2012.

6. In the afore circumstances, I am of the view that since the petitioners are also similarly situated, the Government can consider their claim for approval with effect from 2012 reserving their right to claim appointment from the year 2011 based on the judgment to be pronounced by the Hon’ble Apex Court.

7. W.P.(C) No.8459 of 2026 is disposed of directing the 2^nd respondent to consider Ext.P10 representation submitted by the petitioners in the light of Ext.P9 Government Order and extend similar benefits to the petitioners, if the petitioners satisfy all other parameters. An order in this regard shall be passed within a period of two months.