IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 36346 of 2010(P) -------------------------- PETITIONER(S): --------------- KOSHY JOHN,JOINT DIRECTOR,KERALA HIGHWAY RESEARCH INSTITUTE,KARIAVATTOM,TRIVANDRUM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA ,REP.BY SECRETARY TO GOVERNMENT,PUBLIC WORKS DEPARTMENT,GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001. 2. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER),REP. BY ITS CONVENER AND SECRETARY TO GOVERNMENT,PUBLIC WORKS DEPARTMENT,GOVERNMENT SECVRETARIAT,TRIVANDRUM 695 001. GOVT. PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 36346 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th day of December, 2010. J U D G M E N T The petitioner is an Executive Engineer of the Public Works Department, who is under suspension pending disciplinary proceedings. By Ext. P5 dated 1.11.2010, I have already directed the respondents to complete the disciplinary proceedings as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of that judgment. Petitioner's grievance now is that pending disciplinary proceedings, he is not being considered for promotion, which, according to the petitioner, he is entitled to. The petitioner contends that despite the disciplinary proceedings, the petitioner's claim for promotion is liable to be considered as provided in Rule 28 of the Kerala State and Subordinate Service Rules. The petitioner therefore seeks the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider the case of the petitioner for inclusion in the select list for promotion to the cadre of Superintending Engineer by adopting sealed cover procedure and promote him as Superintending Engineer in accordance with the final decision in disciplinary proceedings pending against him; ii) Issue a writ of mandamus directing the 2nd respondent to consider the petitioner for inclusion in the select list for promotion to the post of Superintending Engineer in the DPC meeting pursuant to Ext. P7; iii) Direct the respondents to promote the petitioner as Superintending Engineer in one of the available vacancies on finalizing the disciplinary action as per Ext. P2.” Having heard both sides, I dispose of this writ petition with a direction to the respondents to see that while making promotions, W.P.C. No. 36346/2010 -: 2 :- they shall follow the procedure prescribed under Rule 28 of the Kerala State and Subordinate Service Rules. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.