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A.Anilkumar

High Court Of Kerala|26 November, 2014
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JUDGMENT / ORDER

Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent University, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself. 2. Briefly stated, the petitioner, claiming to be the senior most in the cardre of Farm Assistant (Vetenerary), approached this Court assailing Exhibit P1 transfer order. Pending the disposal of writ petition, he was promoted as Farm Supervisor – Grade I through Exhibit P8 dated 06.11.2014. In the changed circumstances, seeking transfer to a particular place in the light of the promotion provided to the petitioner, he is said to have made Exhibit P9 representation dated 15.11.2014 to the second W.P.(c) No. 19500 of 2014 2 respondent. In fact, the petitioner filed Exhibit P8 order of promotion and also Exhibit P9 representation subsequent to filing of the writ petition as additional material documents.
3. According to the learned counsel for the petitioner the cause as has been pleaded in the writ petition questioning the validity of Exhibit P1 does not survive. At the same time, in so far as the promotion of the petitioner is concerned, there is, according to the learned counsel, every justification in the request of the petitioner, as has been reflected in Exhibit P9, that he is required to be posted in a clear vacancy at College of Agriculture, Vellayani.
4. Be that as it may, this Court does not proposes to adjudicate the issue on merits. It will suffice if the writ is disposed of with a direction to the second respondent to consider petitioner's Exhibit P9 representation in accordance with law.
5. In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Standing Counsel for the respondent University, this Court, without expressing any opinion on the merits of the matter, disposes of the present W.P.(c) No. 19500 of 2014 3 writ petition directing the second respondent to consider petitioner's Exhibit P9 representation in accordance with law, and pass appropriate orders thereon as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
With the above observation, this writ petition is disposed of.
DAMA SESHADRI NAIDU JUDGE DMR/-
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Title

A.Anilkumar

Court

High Court Of Kerala

JudgmentDate
26 November, 2014
Judges
  • Dama Seshadri Naidu
Advocates
  • Sri
  • R T Pradeep