IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28578 of 2008(B)
1. BABU N JOSEPH, (SENIOR HYDRO-GEOLOGIST)
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ADDL.
... Respondent
2. THE DIRECTOR, GROUND WATER DEPARTMENT,
For Petitioner :SRI.C.M.ANDREWS
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :30/09/2008
O R D E R
P.N.Ravindran, J.
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W.P(C).No.28578 of 2008
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Dated this the 30th day of September, 2008.
JUDGMENT
The petitioner is a Senior Hydro-Geologist in the Ground Water
Department. He is presently working on deputation as Project Manager in
the Kerala Rural Water Supply and Sanitation Agency. According to the
petitioner, though the post of Superintending Engineer (Data Centre) in
the National Hydrology Project is a post in Branch V as per the Kerala
Ground Water Department Special Rules, 1993, the said post is being
filled up by giving cross branch promotion to Engineers in Branch II
Mechanical Wing. The petitioner submits that on account of this cross
branch promotion Civil Engineers in the Hydrology Branch are at a
disadvantage for the reason that they loose their chances of promotion
to the post of Director, Ground Water Department. Complaining about
this cross branch promotion in violation of the Special Rules, the
association of which the petitioner is a member and office bearer
submitted Ext.P3 representation dated 10.8.2000 before the Secretary to
Government, Irrigation Department. The petitioner submits that he has
supplemented Ext.P3 representation by filing Ext.P6 representation
before the Additional Chief Secretary, Water Resources Department. The
main prayer in this Writ Petition is for a writ in the nature of mandamus
commanding the respondents to take a decision on Ext.P3 representation
WP(C) 28578/08 -: 2 :-
taking note of the points raised by the petitioner in Ext.P6 within a time
limit to be fixed by this Court. The petitioner submits that though he had
along with another person earlier approached this Court by filing
O.P.No.14090 of 2000 and it was disposed of by Ext.P4 judgment dated
22.9.2000 directing the Government to consider Exts.P3 representation
and pass orders thereon, till date orders have not been passed in the
matter. The learned counsel for the petitioner submits that an appeal
was preferred from Ext.P4 judgment by officers in the Mechanical Branch
and that was disposed of by Ext.P5 judgment delivered on 8.1.2004. The
petitioner further submits that evidently because of the said fact disposal
of Ext.P3 was held up.
2. I have heard Sri.C.M.Andrews, the learned counsel appearing for
the petitioner and Smt. Anu Sivaraman, the learned Government Pleader
appearing for the respondents. By Ext.P4 judgment, which was upheld
in Ext.P5 by a Division Bench of this Court, the Government was directed
to consider Ext.P3 representation submitted by the petitioner and to
pass orders thereon. By Ext.P5, the appellant in the appeal disposed of
by the said judgment was also directed to be heard before orders are
passed on Ext.P3. For reasons best known to the Government, orders
have not been passed till date on Ext.P3. The petitioner has in Ext.P6
alerted the Government about the said fact and prayed for expeditious
orders in the matter.
3. Having regard to the fact that the issue raised by the petitioner
WP(C) 28578/08 -: 3 :-
in Ext.P3 which was supplemented by Ext.P6 is of substantial importance,
I dispose of this Writ Petition with a direction to the Additional Chief
Secretary to Government, Water Resources Department to consider
Exts.P3 and P:6 representations and pass orders thereon after notice to
and affording the petitioner and the appellant in Ext.P5 judgment an
opportunity of being heard. This shall be done within three months from
the date on which the petitioner produces a certified copy of this
judgment along with a copy of this Writ Petition.
P.N.Ravindran,
Judge.
ess 30/9