IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33744 of 2009(K)
1. K.BALAKRISHNAN, 1ST GRADE OVERSEER,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTELD BY THE
... Respondent
2. CHIEF ENGINEER,PUBLIC WORKS DEPARTMENT
3. DEPARTMENTAL PROMOTION COMMITTEE(LOWER),
For Petitioner :SRI.S.P.ARAVINDAKSHAN PILLAY
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/12/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.33744 of 2009 (K)
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Dated, this the 9th day of December, 2009
J U D G M E N T
The petitioner is a first grade overseer in the Electrical Wing of
the PWD. His date of promotion was assigned as 29/11/1999 as
per Ext.P1. In Ext.P2, and Ext.P2(a) final seniority list for the period
from 01/04/1994 to 31/08/2000 published on 09/02/2005, the
petitioner’s name was not included. He filed Ext.P3 representation
requesting for his inclusion in the seniority list, and there has not
been any response. It is stated that later, certain juniors to the
petitioner were promoted. According to the petitioner, even now
two more vacancies are available in the category of Assistant
Engineer and therefore, he ought to be promoted to one of those
vacancies.
2. Instructions have been obtained by the learned
Government Pleader. It is stated that orders similar to Ext.P1 re-
assigning the date of promotion has been given to certain other
persons, who are seniors to the petitioner also. It is stated that
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their names also have to be considered for inclusion in Ext.P2 & P2
(a) seniority list and that claims of promotion cannot therefore be
considered at this stage.
3. As already noticed, the claim of the petitioner is for
promotion to the post of Assistant Engineer on the basis that his
name ought to have been included in Ext.P2 & P2(a) seniority list
and that his juniors have been promoted. If as stated by the learned
Government Pleader there are other senior employees, whose names
are also not included in the seniority list, along with the claim of the
petitioner for inclusion of his name, the claims of others also have
to be considered. Only after revision of seniority list by including
the names of eligible candidates, can further steps for making
promotion to the post of Assistant Engineers be considered.
4. As the petitioner has already filed Ext.P3 representation
for inclusion in the seniority list, what the respondents have to do is
to consider the aforesaid representation. Therefore, this writ
petition is disposed of with the following directions.
(1) That the Chief Engineer before whom Ext.P3 has been filed
shall consider the claim of the petitioner and other similarly treated
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employees for inclusion in Exts.P2 & P2(a) final seniority list. This
shall be done as expeditiously as possible, at any rate, within four
weeks of production of a copy of this judgment.
5. Once the aforesaid process is completed, steps will be
taken for effecting promotion to the vacancies which are required to
be filled up, by convening DPC. This shall be done without any
further delay in the matter.
The petitioner shall produce a copy of this judgment along
with a copy of this writ petition before the 2nd respondent for
compliance.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg