IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 30046 of 2008(B) -------------------------- PETITIONER: --------------- CHANDRAMOHAN.V.N, DEPUTY GOVERNMENT ANALYST, REGIONAL ANALYTICAL LABORATORY, MALAPARAMBA P.O., KOZHIKODE. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DEPARTMENTAL PROMOTION COMMITTEE FOR THE POST OF GOVERNMENT ANALYST, REPRESENTED BY THE CONVENER, HIGHER DPC FOR THE POST OF GOVERNMENT ANALYST, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ================= W.P.(C).No.30046 of 2008 - B =============================== Dated this the 30th day of October, 2008. J U D G M E N T Heard Sri.Kleeswaram Raj, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner who is presently working as Deputy Government Analyst in the Regional Analytical Laboratory of the Health Services Department is aggrieved by his supercession by two of his juniors, for promotion to the post of Government Analyst. The petitioner's probation in the category of Deputy Government Analyst was not declared till Ext.P11 Government Order was passed on 4.9.2008, declaring that the petitioner has successfully completed his probation in the category of Deputy Government Analyst with effect from 7.1.2008. In the meanwhile, a Departmental Promotion Committee was convened on 26.8.2008 and a select list was prepared and forwarded to the Government for approval in terms of Rule 28(b) of Part II of the Kerala State and Subordinate Services Rules. The petitioner was W.P.(C).No.30046 of 2008 - B 2 not considered for selection on the ground that his probation had not been declared. The Departmental Promotion Committee met on 26.8.2008, before Ext.P11 order was passed. The petitioner challenged the non consideration of his case by filing W.P.(C). No.27300 of 2008. By Ext.P12 judgment delivered on 5.9.2008, this Court disposed of the writ petition with the direction that if the petitioner files a representation before the Convenor of the Departmental Promotion Committee within three weeks and produces a copy of Ext.P11, the Convenor of the Departmental Promotion Committee shall take a decision thereon. As directed in Ext.P12 judgment, the Government considered the petitioner's representation and issued Ext.P13 letter, the operative portion of which reads as follows: “Government have examined the representation filed by you vide reference 2nd cited. You were superceded by Sri.P.V.Mohammed and M.Mohammed Ali since your probation was not declared at the time of convening of DPC meeting. Government thinks that there is nothing irregular on the decision of the DPC. Your case will be reviewed in the next DPC, if you are otherswise eligible after getting detailed proposal from the DHS. The order of the Hon'ble High Court in this judgment cited is hereby complied with.” W.P.(C).No.30046 of 2008 - B 3 3. The petitioner thereupon submitted Ext.P14 representation dated 25.9.2008 to the Director of Health Services pointing out that the proceedings of the Departmental Promotion Committee that met on 26.8.2008 have not yet been finalised and as his probation has already been declared, an urgent Adhoc Departmental Promotion Committee may be convened and his case for promotion may be considered. 4. In this writ petition the petitioner contends that as his probation in the category of Deputy Government Analyst was declared with effect from 7.1.2008 by Ext.P11 Government Order passed on 4.9.2008 and as the Departmental Promotion Committee met only on 26.8.2008, and the select list prepared by the Departmental Promotion Committee is yet to be approved by the Government and published in the Official Gazette, he is entitled to have his claim also considered by an Adhoc Departmental Promotion Committee. Smt. Anu Sivaraman, the learned Government Pleader, did not seriously dispute the said proposition. In my considered opinion, on the terms of Rule 28 (b)(i)(11) of Part II of the Kerala State and Subordinate Services W.P.(C).No.30046 of 2008 - B 4 Rules, the petitioner is entitled to have his case also considered by the Departmental Promotion Committee. 5. In the instant case, the Departmental Promotion Committee met on 26.8.2008. Though as on that date, the petitioner's probation in the category of Deputy Government Analyst had not declared, within two weeks thereafter, by Ext.P11 order passed on 4.9.2008 his probation in the category of Deputy Government Analyst was declared to have been satisfactorily completed with effect from 7.1.2008. It is not in dispute that the select list prepared by the Departmental Promotion Committee has not yet been approved by the Government or published in the Official Gazette. In such circumstances, I am of the opinion that the petitioner's case has to be considered by the Departmental Promotion Committee, before the proceedings of the Departmental Promotion Committee held on 26.8.2008, is finalised by the Government. In such circumstances, I dispose of this writ petition with a direction to the respondents to constitute an Adhoc Departmental Promotion Committee for the purpose of considering the case of W.P.(C).No.30046 of 2008 - B 5 the petitioner for promotion to the post of Government Analyst. This shall be done within one month from today. Further steps pursuant to meeting of the Departmental Promotion Committee held on 26.8.2008, shall be taken only after an Adhoc Departmental Promotion Committee as directed herein is convened and held. P.N.RAVINDRAN, JUDGE bkn/-