IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 11668 of 2011(G) -------------------------- PETITIONER: --------------- PURUSHAN A., ASSISTANT EXECUTIVE ENGINEER, JBIC ASSISTED WATER SUPPLY PROJECT, CHERTHALA. BY ADV. MR. S.P.ARAVINDAKSHAN PILLAY MS. N.SANTHA MR. K.A.BALAN MR. PETER JOSE CHRISTO MR. S.P.BALAKRISHNA PILLAY MR. S.A.ANAND RESPONDENTS : --------------- 1. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM, PIN-695 033. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM, PIN-695 033. 3. THE CHIEF ENGINEER (PS & GI), KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM, PIN-695 033. ADV. MS. AMBIKA DEVI, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(c) NO. 11668 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE ORDER NO. KWA/JB/E2/20/99 DATED 18.11.1999 OF THE CHIEF ENGINEER (PS & GI) KERALA WATER AUTHORITY. EXT. P2 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ENCLOSING COPIES OF THE PROVISIONAL CERTIFICATE AND MARK LIST OF B.TECH DEGREE EXAMINATION. EXT. P3 : TRUE COPY OF THE LETTER NO. PHC/A1.2588/92 DATED 22.05.2000 EXT. P4 : TRUE COPY OF THE LETTER NO. KWA/CE/CR/KOCHI/ E1/38/99 DATED 05.06.2000 OF THE CHIEF ENGINEER (CR) KERALA WATER AUTHORITY. EXT. P5 : TRUE COPY OF THE REPRESENTATION DATED 16.10.2006 SUBMITTED BY THE PETITIONER. EXT. P6 : TRUE COPY OF THE CIRCULAR NO. KWA/JB/E2/5313/2007 DATED 16.05.2007 DATED 16.05.2007 OF THE CHIEF ENGINEER (HRD & GI) EXT. P6(a) : TRUE COPY OF THE RELEVANT EXTRACT OF THE APPENDED PROVISIONAL SENIORITY LIST OF ASSISTANT EXECUTIVE ENGINEERS IN THE KWA AS ON 01.05.2007 EXT. P7 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 23.03.2011 /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 11668 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th October, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to include the name of the petitioner in the seniority list of Assistant Executive Engineers showing him as a Degree holder within a time limit to be fixed by this Hon'ble Court. ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to promote the petitioner as Executive Engineer w.e.f. the due date after the claims of all Assistant Executive Engineers who on the date of his obtaining the degree in Engineering, possessed the qualification mentioned in item (1) in the Annexure to the Special Rules i.e. Degree have been considered for such promotion. iii. issue a writ of mandamus or any other appropriate writ, order or directing commanding the 2nd respondent to dispose of Exts. P2, P5 and P7 within a time limit to be fixed by this Hon'ble Court. and iv. grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case including the costs of this Writ Petition (Civil). 2. The respondent Water Authority has filed a counter affidavit stating that the petitioner will be considered for promotion to the post of W.P. (C) No. 11668 of 2011 : 2 : Executive Engineer under the 'Degree Quota' and separate proceedings in this regard will be issued shortly. 3. In the above circumstances, no further orders are called for. The proceedings shall be finalized by the respondent Water Authority , as assured and undertaken in the counter affidavit dated 24.10.2011, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. In view of the stand taken by the Water Authority, necessary correction shall be effected with regard to the position of the petitioner as a degree holder instead of a 'Diploma' holder in the feeder category of Assistant Executive Engineer forthwith. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd The word “feeder” occurring after the words “Diploma holder in the” and before the word “category” in the last sentence of the judgment dated 28.10.2011 in W.P.(C) No. 11668/2011 is omitted as per order dated 27.03.2012 in I.A. No. 4416/2012. Sd/- Registrar Judicial