IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 34638 of 2008(W) --------------------------------------- PETITIONER(S): ----------------------- ABO HANEEFA, JUNIOR SUPERINTENDENT, OFFICE OF THE DIVISIONAL FOREST OFFICER, THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE JACOB (JOSE) SMT.MEREENA JOSEPH RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, FOREST & WILD LIFE DEPARTMENT SECRETARAIT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS, (ADMINISTRATION), FOREST HEAD-QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.34638 of 2008 ------------------------------- Dated this the 25th November, 2008. J U D G M E N T Heard Smt.Mereena Joseph Joseph, 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 Junior Superintendent in the Forest Department. His promotion as Junior Superintendent was delayed for the reason that there was a dispute regarding seniority. Later, by Ext.P3 order dated 2.7.2008, the Chief Conservator of Forests (Administration) directed promotion of the petitioner to the category of Junior Superintendent with effect from 8.5.2006 in the available/next arising vacancy. Based on Ext.P3, the petitioner's probation in the category of Junior Superintendent was also declared as satisfactorily completed with effect from 23.5.2007, by Ext.P4 order dated 11.11.2008 issued by the Senior Administrative W.P.(C) No.34638 of 2008 2 Officer in the office of the Chief Conservator of Forests (Administration), Thiruvananthapuram. 3. The petitioner's promotion to the category of Junior Superintendent was delayed, as there was a dispute regarding his rank and seniority in the category of Upper Division Clerks/Head Accountants. Mean while, the Departmental Promotion Committee that met to select Junior Superintendents eligible for appointment by transfer as Senior Superintendents, considered persons ranked below the petitioner, selected them and thereupon they were appointed by transfer as Senior Superintendents. Ext.P1 select list was published in the Gazette dated 8.8.2008. At the relevant time, the petitioner was not in the category of Junior Superintendent, and therefore, he was not considered by the Departmental Promotion Committee. He became eligible only by reason of Ext.P3 order dated 2.7.2008. Immediately thereafter, he submitted Ext.P2 representation dated 24.10.2008 requesting the Chief Conservator of Forests (Administration) who is also the Convenor of the Departmental W.P.(C) No.34638 of 2008 3 Promotion Committee to review the select list and include him therein. In Ext.P2, the petitioner also requested the Convenor of the Departmental Promotion Committee to convene an Adhoc Departmental Promotion Committee for the said purpose. In this writ petition, the petitioner inter alia prays for a direction to the Chief Conservator of Forests (Administration) to consider Ext.P2 and take a decision thereon, within a time limit to be fixed by this Court. 4. On the date on which Ext.P2 select list was published, the petitioner was not a Junior Superintendent. The fact that he was wrongly denied promotion as Junior Superintendent is evident from Ext.P3, whereby he was given promotion to the said category with effect from 8.5.2006. The petitioner's case was therefore not considered by the Departmental Promotion Committee. In view of Ext.P3, whereby the petitioner was promoted as Junior Superintendent with effect from 8.5.2006 and Ext.P4 order declaring his probation, the petitioner became eligible to be considered for promotion along W.P.(C) No.34638 of 2008 4 with his juniors. In these circumstances, the request made by him in Ext.P2 merits consideration by the second respondent. Such being the situation, I dispose of the Writ Petition with a direction to the second respondent to consider the request made by the petitioner in Ext.P2 representation by convening an Adhoc Departmental Promotion Committee, and take a decision thereon, within four months from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE nj.