IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 16577 of 2009(N) ----------------------------------------- PETITIONER(S): ------------------------- C.P.VINCENT, SENIOR SUPERINTENDENT, PERFORMANCE AUDIT UNIT - 4, OFFICE OF THE ASST.DIRECTOR OF PANCHAYATS, CIVIL STATION, KOLLAM. BY ADV.MR.P.N.PURUSHOTHAMA KAIMAL RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT ANNEX, THIRUVANANTHAPURAM. 2. THE DEPARTMENTAL PROMOTION COMMITTEE, (HIGHER) REPRESENTED BY ITS CONVENER, SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT ANNEX, THIRUVANANTHAPURAM. 3. P.V.SUNNY, ASSISTANT DIRECTOR OF PANCHAYATS, DISTRICT PANCHAYAT OFFICE, IDUKKI. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.16577 of 2009 -------------------------------------- Dated 16th June, 2009 JUDGMENT Heard Sri.P.N.Purushothama Kaimal, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the third respondent. 2. The petitioner is presently working as Senior Superintendent in the office of the Assistant Director of Panchayats, Kollam. The Departmental Promotion Committee (Higher) that met on 26.2.2009 considered the case of the petitioner and his seniors and juniors for promotion to the category of Assistant Director of Panchayats. The Departmental Promotion Committee superseded the petitioner when the select list was prepared. The select list prepared by the Departmental Promotion Committee was approved by the Government and published in the Official Gazette on 25.4.2009. Ext.P2 is a copy thereof. Thereupon, Ext.P5 order dated 22.5.2009 was issued promoting the third respondent and others who are juniors to the petitioner to the category of Assistant Director of Panchayats. Even before Ext.P2 select list was published but after the Departmental WP(C).No.16577/2009 2 Promotion Committee met, the petitioner filed Ext.P6 representation dated 2.3.2009 before the Secretary to Government, Local Self Government Department who is also the Convener of the Departmental Promotion Committee. In this writ petition, the petitioner inter alia prays for a direction to the Convener of the Departmental Promotion Committee to consider Ext.P6 representation and pass orders thereon within a time limit to be fixed by this Court. 3. Rule 28(b)(i)(8)(a) of Part II of the Kerala State & Subordinate Services Rules confers on an officer who is superseded, the right to object such supersession. It is also stipulated that the representation if any against the supersession shall be filed within one month from the date of publication of the select list. In the instant case, the select list approved by the Government was published in the Gazette on 25.4.2009. After the Departmental Promotion Committee met, but before the select list was published, on coming to know that he was superseded, the petitioner filed Ext.P6 representation dated 2.3.2009. Therefore, Ext.P6 has to be considered as a representation against the petitioner's supersession. Since the petitioner has invoked a remedy available to him in law, I am of the opinion that the Departmental Promotion Committee should consider the same and pass orders thereon expeditiously. Further, the petitioner is nearing WP(C).No.16577/2009 3 the age of superannuation. Therefore, for that reason also, expeditious orders have to be passed on Ext.P6. I accordingly dispose of this writ petition with a direction to the Departmental Promotion Committee to consider the request made by the petitioner in Ext.P6 and pass orders thereon expeditiously and in any event within three months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition before the Secretary to Government, Local Self Government Department. It will be open to the Departmental Promotion Committee to hear the petitioner, if the committee is of the opinion that any clarification from the petitioner is necessary. The Departmental Promotion Committee shall after a decision is taken in the matter, communicate the same to the petitioner expeditiously. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN Judge TKS