High Court Kerala High Court

K.Balakrishnan vs State Of Kerala on 9 December, 2009

Kerala High Court
K.Balakrishnan vs State Of Kerala on 9 December, 2009
       

  

  

 
 
  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.
                  -------------------------
                 W.P.(C.) No.33744 of 2009 (K)
             ---------------------------------
           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

WP(C) No.33744/2009
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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

WP(C) No.33744/2009
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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