IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 RP.No. 1172 of 2007(S) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.129/2006 Dated 03/08/2006 .................... REVIEW PETITIONER(S): REVIEW PETITIONER/3RD PARTY ------------------------------------------------- P.N.VIJAYAN, ASSISTANT SURVEYOR WORKS (AEE)(QS & C), OFFICE OF THE CWE (NAVY) VASCO-DA-GAMA, GOA-403 802. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.P.K.VIJAYAMOHANAN SMT.RESMI G. NAIR RESPONDENT(S): PETITIONERS 1 TO 30 & RESPONDENTS 1 TO 10 IN WPC. ---------------------------------------------------------------- 1. V.P.JAYADEVAN, ASSISTANT EXECUTIVE ENGINEER (QS & C), GARRISON ENGINEER (1),NAVAC,KOCHI. 2. C.K.XAVIER,SILVERSTAR, ASSISTANT EXECUTIVE ENGINEER (QS & C), CWE(A),BANGALORE. 3. T.SUBAMANI, ASSISTANT EXECUTIVE ENGINEER (QS & C), CHIEF ENGINEER (NW),KOCHI-682 004. 4. JOY T.MATHEW, ASSISTANT EXECUTIVE ENGINEER (QS & C), GE (IP FACTORY),KIRKE,PUNE. 5. JACOB VARGHESE, ASSISTANT EXECUTIVE ENGINEER (QS & C), CHIEF ENGINEER (AIR FORCE),BANGALORE. 6. NITIN MURALIDHAR TAMBE, ASSISTANT EXECUTIVE ENGINEER (QS & C), AD(C) CEPZ,PUNE. 7. V.P.V.S.S.RAMARE, ASSISTANT EXECUTIVE ENGINEER (QS & C), O/O.CWE (AIR FORCE),KALLIKUNDA, PASCHIM MEDINAPRE DISTRICT. 8. P.V.BALAN, ASSISTANT EXECUTIVE ENGINEER (QS & C), O/O.CES,CHENNAI ZONE,CHENNAI. 9. V.K.RAJE KRISHNASWAMY, ASSISTANT EXECUTIVE ENGINEER (QS & C), ASSISTANT DIRECTOR (CONTRACTS), OFFICE OF THE CHIEF ENGINEER (AIR FORCE), BANGALORE. 10. P.G.DADLANI, ASSISTANT EXECUTIVE ENGINEER (QS & C), O/O.CE BHOPAL ZONE,BHOPAL. 11. SUNIL KUMAR SONI, ASSISTANT EXECUTIVE ENGINEER (QS & C), ASSISTANT DIRECTOR (CONTRACT), C/O.CHIEF ENGINEDER (AF) CAMP HANUMN, AHMEDABAD. 12. PIOUS NIRMAL NEHRU, ASSISTANT EXECUTIVE ENGINEER (QS & C), O/O.GE(1)AF,OJHAR,NASIK,MAHARASHTRA. 13. T.B.SACHIDANANDAN, ASSISTANT EXECUTIVE ENGINEER (QS & C), O/O.GE (SOUTH) PUNE 14. 14. SANKARA NARAYANAN, ASSISTANT EXECUTIVE ENGINEER (QS & C), HQ 1315 EW,C/O.56 APO,JAMMU. 15. AKELLA KAMESWARA RAO, ASSISTANT EXECUTIVE ENGINEER (QS & C), O/O.CE (AF),HANMAN,AHMEDABAD. 16. G.MADHAVAN, ASSISTANT EXECUTIVE ENGINEER (QS & C), O/O.GE(1) AVADI,CHENNAI. 17. VENKATARAM MANOHARAN, ASSISTANT EXECUTIVE ENGINEER (QS & C), ASSISTANT DIRECTOR (CONTRACT), O/O.GE(1) R & D, EAST BANGALORE. 18. M.S.AHMED, ASSISTANT EXECUTIVE ENGINEER (QS & C), O/O.GE,PASHAN. 19. M.K.JANARDHANAN, ASSISTANT EXECUTIVE ENGINEER (QS & C), ASSISTANT DIRECTOR (CONTRACTS), O/O.DIRECTOR GENERAL NAVAL PROJECTS, NAVAL DOCKYARD,ACCOMODATION COMPLEX, LION GATE,MUMBAI-400 053. 20. S.K.VASUNDARAN, ASSISTANT EXECUTIVE ENGINEER (QS & C), COMMANDER WORKS ENGINEER (AF), THIRUVANANTHAPURAM. 21. SUBAHAS BABU.K., ASSISTANT EXECUTIVE ENGINEER (QS & C), CWE,DEHRADOON,UTTARANCHAL. 22. S.P.SINGH, ASSISTANT EXECUTIVE ENGINEER (QS & C), O/O.CHIEF ENGINEER,HQ R & D, NEW DELHI-54. 23. K.A.PALANICHAMY, ASSISTANT EXECUTIVE ENGINEER (QS & C), O/O.COMMANDER WORKS ENGINEER, WILLINGDON. 24. SYAM PRASAD, ASSISTANT EXECUTIVE ENGINEER (QS & C), CHIEF ENGINEER,VHATINDA,PUNJAB. 25. PRASANNA.K.V., ASSISTANT EXECUTIVE ENGINEER (QS & C), CHIEF ENGINEER (N),KOCHI. 26. V.K.AGARWAL, ASSISTANT EXECUTIVE ENGINEER (QS & C), CW (P),VHATINDA,PUNJAB. 27. S.K.MALHOTRA, ASSISTANT EXECUTIVE ENGINEER (QS & C), O/O.CHIEF ENGINEER,VHATINDA ZONE, VHATINDA. 28. RAMACHANDRAN.P.R., ASSISTANT EXECUTIVE ENGINEER (QS & C), CW (WEST),CHANDI MANDIR,NEW CWE(AF), NORTH BANGALORE. 29. SATISH KUMAR, ASSISTANT EXECUTIVE ENGINEER (QS & C), ENGINEER-IN-CHIEF BRANCH,NEW DELHI. 30. CHAPTE MALLIKARJUN, ASSISTANT EXECUTIVE ENGINEER (QS & C), GE(1) NW,FOR KOCHI. 31. THE UNION OF INDIA,REP.BY THE SECRETARY, MINISTRY OF DEFENCE,SOUTH BLOCK, NEW DELHI-110 001. 32. THE UNION PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY,DHOLPUR HOUSE, SHAJAHAN ROAD,NEW DELHI-110 011. 33. THE ENGINEER-IN-CHIEF,ARMY HEADQUARTERS, KASHMIR HOUSE,DHQ POST OFFICE, NEW DELHI-110 011. 34. THE CHIEF ENGINEER,SOUTHERN COMMAND, PUNE-411 001. 35. THE CHIEF ENGINEER (NW),KATARIBAGH, NAVAL BASE P.O.,COCHIN-682 004. 36. THE CHIEF ENGINEER R & D,PICKET, SECUNDERABAD-500 003. 37. GARRISON ENGINEER(1) E/M(NW),KATARIBAGH, NAVAL BASE P.O.,COCHIN-682 004. 38. GARRISON ENGINEER(1) R/D,THRIKKAKARA P.O COCHIN-682 021. 39. MES/124302 SHRI.V.I.SADANANDAN, ASSISTANT ENGINEER (QS & C), GARRISON ENGINEER(1) E/M(NW),COCHIN-682004. 40. MES/111600 SHRI.K.V.JAMES, ASSISTANT ENGINEER (QS & C), GARRISON ENGINEER(1) R & D, COCHIN-682021. SRI.C.P.SAJI FOR R39 & 40 SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR G FOR R31 TO 38 THIS REVIEW PETITION HAVING COME BEEN FINALLY HEARD ON 22/09/2009, RP NO. 1173 OF 2007 RP NO. 1174 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- Review Petition Nos. 1172/2007 in W.P.(C) No.129/2006, 1173/2007 in W.P.(C) No.5846/06, & 1174/2007 in W.P.(C) No.191/06 ---------------------------------------------- Dated 22nd September, 2009. O R D E R Kurian Joseph, J. These are review petitions filed by a third party, who is not a party to the proceedings either before the Central Administrative Tribunal or before this court. The issue pertains to the promotion to the post of Assistant Surveyor of works in the Military Engineer Services. We find that during the pendency of the review petitions, the Directorate General of Minitary Engineering Services has issued proceedings dated 30.1.2009, whereby a panel for promotion of Junior Surveyor of Works to the grade of Assistant Surveyor of Works in the Military Engineer Services under Ministry of Defence against the vacancies of the year 1994-95 to 2004-05 has been prepared. It is seen that the review petitioner is placed above that of the original applicant. Review petitioner is serial No.31 whereas the original applicant is serial No.33 in respect of a vacancy for the year 2001-02. Therefore, these review petitions are closed without prejudice to RP Nos.1172, 1173 & 1174/09 2 the liberty to the review petitioner to pursue the matter in respect of the surviving grievance, if any in appropriate proceedings. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- Review Petition Nos. 1172/2007 in W.P.(C) No.129/2006, 1173/2007 in W.P.(C) No.5846/06, & 1174/2007 in W.P.(C) No. ---------------------------------------------- O R D E R Dated 22nd September, 2009.