IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 35953 of 2010(T) -------------------------- PETITIONER(S): --------------- V.C.KISHORE, JUNIOR SUPERINTENDENT, DISTRICT SOCIAL WELFARE OFFICE, CIVIL STATION, WAYANAD. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695033. 3. DEPARTMENTAL PROMOTION COMMITTEE(LOWER), SOCIAL WELFARE DEPARTMENT, REP. BY ITS CONVENER, THE DIRECTOR OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033. GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 35953 of 2010 ================== Dated this the 11 th day of February, 2011 J U D G M E N T The petitioner claims to be the senior most among the Junior Superintendents of the Social Welfare Department of the Government of Kerala, awaiting promotion to the post of Senior Superintendent. A vacancy arose on 1.6.2007. The Departmental Promotion Committee (Lower), which met on 30.8.2010, considered the case of one V.Jayakumar, who was working as District Probation Officer Grade II. Later on, it was found that since he had not come back to the feeder category, he cannot be promoted. Thereafter, no further proceedings have been taken in the matter of making selection for promotion. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs; i. declare that the action of the Departmental Promotion Committee (Lower) in not having considered the case of the petitioner for inclusion in the Select List for the post of Senior Superintendent at its meeting held on 30.8.2010 is highly illegal. ii. issue a writ of mandamus or any other appropriate writ, order of direction commanding the 3rd respondent to prepare a Select List for promotion to the post of Senior Superintendent for the year 2009 by including the name of the petitioner therein at the appropriate place within a time limit to be fixed by this Hon'ble Court. iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to promote the petitioner to the post of Senior Superintendent with retrospective effect from the date on which he became qualified for the same with all consequential service and monetary benefits within a time limit to be fixed by this Hon'ble Court.” 2. A statement has been filed on behalf of the 2 nd respondent, 2 which reads thus: “1. The above statement is filed for and on behalf of the second respondent as duly authorised. The statement is filed on the basis of the statutory provisions and the relevant records relating to the case. 2. The Writ Petition is filed by the petitioner who is working as Junior Superintendent in the District Social Welfare Office Wayanad for a direction to promote him to the post of Senior Superintendent With retrospective effect from the date on which he is qualified for promotion to the post of Senior Superintendent. The Hon'ble High Court by order dated 25.01.2011 directed this respondent to file a statement as to whether the petitioner is qualified to be considered for promotion to the post of Sr. Superintendent and the time required for convening the D.P.C. for considering the claim of the petitioner. 3. It is submitted that the petitioner is qualified to be considered for promotion to the post of Sr. Superintendent/Superintendent Welfare Institution Grade – I and the name of the petitioner can be considered for inclusion in the D.P.C. It is further submitted that this respondent is taking steps to convene the D.P.C. Lower of the Social Welfare Department and it can be convened within a period of two months.” In view of the said statement, I dispose of this writ petition recording the said statement and directing that the Departmental Promotion Committee shall be convened for considering the eligible people for preparation of the select list for the post of Senior Superintendent, for the year 2009, within two months from the date of receipt of a certified copy of this judgment. The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the 3 rd respondent for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3