IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND DAY OF DECEMBER 2011/1ST POUSHA 1933 WPC.No. 32673 of 2011 (H) ------------------------- PETITIONER(S): ------------- BINI K,W/O.K.P.HARILAL,AGED 40 YEARS, ASSISTANT ENGINEER,INTERGRAL TRIBAL DEVELOPMENT PROJECT,CIVIL STATION,KALPETTA NORTH P.O WAYANAD DISTRICT,PERMANENTLY RESIDING AT USHUS MURUNTHAL B,PERINADU P.O,KUPPANA ANCHALAMOODU,KOLLA BY ADV. SMT.REKHA VASUDEVAN RESPONDENT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY,PUBLIC WORKS DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM KERALA 695 001 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT THIRUVANANTHAPURAM KERALA 695 001 By SPECIAL GOVERNMENT PLEADER SRI.T.T.MEHMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC NO. 32673 OF 2011 PETITIONER(S) EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.EB3(A)10267/03 DATED 23.3.2003 ISSUED BY THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE G.O(RT.) NO.427/04/PWD DATED 30.4.2004 ISSUED BY THE DEPUTY SECRETARY TO GOVERNMENT,PUBLIC WORKS(B) DEPARTMENT. EXT.P3 TRUE COPY OF THE G.O(RT) NO.494/2009/PWD DATED 4.4.2009 ISSUED BY THE DEPUTY SECRETARY TO GOVERNMENT PUBLIC WORKS(B) DEPARTMENT. EXT.P4 TRUE COPY OF THE LIST OF ASSISTANT ENGINEERS(CIVL GRADUATES) CONSIDERED BY THE DPC(HIGHER) 2011 EXT.P5 TRUE COPY OF THE G.O(MS) NO.22/2011/PWD DATED 15.03.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 29.08.2011 SUBMITTED BY THE PETITION TO THE 2ND RESPONDENT. EXT.P7 TRUE COPY OF THE ORDER NO. EB3/9444/2011(A) DATED 29.09.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P8 TRUE COPY OF THE JOINING REPORT NO.A 4484/11 DATED 3.10.2011 ISSUED BY THE PROJECT OFFICER EXT.P9 TRUE COPY OF THE REPRESENTATION DATED 7.10.2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P10 TRUE COPY OF THE LIST OF ASSISTANT ENGINEERS (CIVIL GRADUATES) WHO ARE THE NEXT LIKELY TO BE CONSIDERED IN THE SELECT LIST FOR PROMOTION TO THE POST OF ASSISTANT EXECUTIVE ENGINEER'S (CIVIL) FOR THE YEAR 2012 EXT.P11 TRUE COPY OF THE REPRESENTATION DATED 7.10.2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P12 TRUE COPY OF THE REPRESENTATION DATED 21.11.2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P13 TRUE COPY OF THE REPRESENTATION DATED 25.11.2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL \\TRUE COPY\\ PA TO JUDGE JM K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:32673 OF 2011 ----------------------------------------------------------- Dated this the 22nd December, 2011. JUDGMENT The petitioner has filed this writ petition complaining of delay in the convening of a Departmental Promotion Committee (DPC for short) for considering her promotion to the next higher post of Assistant Executive Engineer. She also has a claim that her name is to be included just below serial No:58, Shri. Saju.S and above serial No: 59, Smt. Shari S. 2. The Govt. Pleader on instructions submits that the petitioner had been on leave from 5-4-2004 to 2-10-2011. She joined back in service only on 3-10-2011. The delay in including her name for being considered by the DPC has been caused by the non-availability of her confidential reports for the previous three years. However, since the representation of the petitioner is pending consideration of the first respondent, he assures that the same would be considered and appropriate orders passed thereon, without delay. 3. In the above circumstances this writ petition is disposed of directing the first respondent to consider the claim of the petitioner WPC 32673/2011 2 set out in her representation evidenced herein by Ext.P9 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge