IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 7969 of 2011(U) ------------------------- PETITIONER(S): --------------- T.P.ANILKUMAR, S/O. LATE T.K.PURUSHOTHAMAN, EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAPPURAM. BY ADV. SRI.R.RAMADAS RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES(GW) DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. THE CONVENER, DEPARTMENT OF PROMOTION COMMITTEE(HIGHER), SECRETARY TO GOVERNMENT, WATER RESOURCES(GW) DEPARTMENT,THIRUVANANTHAPURAM. PIN-695001. BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/- S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 7969 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2011 J U D G M E N T The petitioner is working as an Executive Engineer in the Irrigation Division of the Water Resources Department of the Government of Kerala at Malappuram. The petitioner aspires for promotion to the post of Superintending Engineer. The petitioner's grievance is that the petitioner is not being considered for such promotion by the Departmental Promotion Committee on the ground that criminal cases and disciplinary proceedings are pending against the petitioner. The petitioner submits that the criminal cases have already been closed and in the disciplinary proceedings final decision has not been taken yet. But the petitioner points out that even then the petitioner's case for promotion has to be considered by the DPC in accordance with the provision of Rule 28 (b) (i) (7) of Part II of KS & SSR. The petitioner therefore seeks the following reliefs: “a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider the petitioner for inclusion in the select list for promotion to the post of Superintending Engineer in the Water Resources Department. b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider Ext.P5 reply submitted by the petitioner and to W.P.(C)No. 7969 of 2011 -2- finalise the proceedings initiated pursuant to Ext.P4 show cause notice, as expeditiously as possible, within a time limit to be fixed by this Hon'ble Court. c) Declare that the pendency of Ext.P4 proceedings is not a bar for considering the petitioner for inclusion in the select list for promotion to the post of Superintending Engineer in the Water Resources Department.” 2. I have heard the learned Government Pleader also. As rightly pointed out by the learned counsel for the petitioner even if disciplinary proceedings are pending against the petitioner, the petitioner's case has to be considered by the Departmental Promotion Committee in accordance with Rule 28 (b) (i) (7) of Part II of KS & SSR. Accordingly this writ petition is disposed of with a direction to the respondents to see that the petitioner's case for promotion is considered by the DPC in accordance with Rule 28 (b) (i) (7) of Part II of KS & SSR in the next Departmental Promotion Committee meeting. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/