High Court Kerala High Court

P.P.Chandrasekharan vs State Of Kerala on 8 January, 2007

Kerala High Court
P.P.Chandrasekharan vs State Of Kerala on 8 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 728 of 2007(J)


1. P.P.CHANDRASEKHARAN,ASST.CO-ORDINATOR(EC
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE COMMISSIONER OF RURAL DEVELOPMENT,

3. THE ASSISTANT DEVELOPMENT

4. THE BLOCK DEVELOPMENT OFFICER,

                For Petitioner  :SRI.KALEESWARAM RAJ

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.K.DENESAN

 Dated :08/01/2007

 O R D E R
                                 K.K.DENESAN, J

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                           W.P.(C)NO.728  of 2007

                          -------------------------------


                  Dated this the 8th   day  of January, 2007



                                    JUDGMENT

Heard both sides.

2. The petitioner is borne on the cadre of Extension Officer,

Housing Grade I which is re-designated as Joint Block Development

Officer (Rural Housing) in the Rural Development Department. It is

stated that the petitioner is duly qualified and is entitled to be

considered for promotion to the post of Block Development Officer

which is a selection post. He also contends that his case ought to be

considered by the Departmental Promotion Committee for inclusion in

the select list for appointment to the post of Block Development

Officer. On coming to know that his confidential reports were not

placed for the consideration of the DPC, he filed Ext.P4

representation before the second respondent bringing that omission to

the notice of that respondent and requesting to do the needful. But

nothing transpired for sometime. Later on, confidential reports were

made available before the second respondent. However, when the

meeting of the DPC was held on 28.11.2006, the case of the petitioner

was omitted to be considered. Feeling aggrieved, the petitioner filed

Ext.P5 representation requesting to convene a review or adhoc DPC to

W.P.(C)No.728/2007 2

consider his case based on the confidential reports prepared by the

competent authorities, so that his name will be included in the select

list for appointment to the post of BDO after due assessment by the

DPC, in accordance with law. Learned counsel for the petitioner

submits that to the best of knowledge of the petitioner, the select list

prepared by the DPC which made on 28.11.2006 has not been

approved by the Government and no notification also has been issued.

3. Heard the learned counsel for the petitioner and the learned

Government Pleader for the respondents.

4. In the above circumstances, it is necessary that the first

respondent who is in seisin of the matter, based on Ext.P5

representation, has to consider the grievance of the petitioner

immediately and take appropriate decision. If the petitioner’s case was

omitted to be considered for want of confidential reports being placed

before the DPC which met on 28.11.2006, it would be desirable that a

review or adhoc DPC is held immediately and the petitioner’s case is

also considered as far as possible with such expedition that the

notification is issued including the names of all persons who are duly

entitled to be included in that list. There shall be an order directing

the first respondent to consider Ext.P5 on merits and take appropriate

decision within two weeks from the date of receipt of a copy of the

W.P.(C)No.728/2007 3

judgment. The petitioner shall produce a copy of the judgment along

with a copy of the writ petition before the first respondent for

information and compliance.

The writ petition is disposed of with the above directions.

K.K.DENESAN, JUDGE

css/

W.P.(C)No.728/2007 4