IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 24599 of 2008(C) ----------------------------------------- PETITIONER: --------------------- DR.P.BALACHANDRAN, DEPUTY DIRECTOR, ICDP, KOTTARAKKARA. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, ANIMAL HUSBANDRY DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF ANIMAL HUSBANDRY, VIKAS BHAVAN, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 24599 of 2008 ====================================== Dated this the 15th day of October 2008 JUDGMENT Heard. Sri.P.C.Sasidharan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Deputy Director in the Animal Husbandry Department. When he was superceded for promotion to the post of Deputy Director for the year 2006, he filed W.P.(C) No.27840 of 2006 in this Court. By Ext.P2 judgment delivered on 12.1.2007, a learned Single Judge of this Court directed the Departmental Promotion Committee to consider the review petition submitted by the petitioner, holding that he was entitled to be considered for promotion in the year 2006. Ext.P2 judgment has become final. The petitioner thereafter moved the Secretary to Government, Animal Husbandry Department by submitting Ext.P3 representation. In purported implementation of the directions issued by this Court in Ext.P2 judgment, the Departmental Promotion Committee considered the claim of the petitioner and included him in the select list of officers eligible for promotion as Deputy Director for the year 2007. Ext.P4 is the select list approved and published by the State Government based on the recommendations of the Departmental Promotion Committee. The grievance voiced by the petitioner in this writ W.P.(C)24599/2008 2 petition is that Ext.P4 select list to the extent it denies him inclusion in the select list for the year 2006 is arbitrary and is not in tune with the findings in Ext.P2 judgment. 3. When the writ petition came up for admission, this Court had directed the learned Government Pleader to get instructions and file a statement. The Joint Secretary to Government, Agriculture Department has as directed by this Court filed a statement dated 4.10.2008 which reads as follows: The writ petition is filed seeking inclusion of the petitioner's name in the select list for promotion as Deputy Director, Animal Husbandry for the year 2006. It is respectfully submitted that Government have since taken a decision to refer the case of the petitioner to the Departmental Promotion Committee (Higher). The PSC member who is the Chairman of the Departmental Promotion Committee is being moved for convening a meeting of the ad-hoc Departmental Promotion Committee to consider the request made by the petitioner for inclusion of his name in the select list of Deputy Director for the year 2006. It is prayed that adequate time may be granted for convening ad-hoc Departmental Promotion committee and taking a decision in the matter.” 4. It is seen from the above statement that the Departmental Promotion Committee is reconsidering the claim of the petitioner for inclusion in the select list of Deputy Directors for the year 2006. In this state of affairs, I dispose of the writ petition with a direction to the Secretary to Government, Animal Husbandry Department, who is the W.P.(C)24599/2008 3 Convenor of the Departmental Promotion Committee to finalise the proceedings referred to in the statement dated 4.10.2008 and communicate its decision to the State Government within three months from the date of receipt of a copy of this judgment. The State Government shall thereupon issue formal orders in the light of the recommendations of the Departmental Promotion Committee. It is clarified that if the petitioner is included in the select list for the year 2006, he will be entitled to all consequential benefits in terms of provisions contained in Rule 28(b) of Part II, KS&SSR. P.N.RAVINDRAN, JUDGE css/