IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 28578 of 2008(B) -------------------------------------- PETITIONER: ----------------- BABU N JOSEPH, (SENIOR HYDRO-GEOLOGIST) PROJECT MANAGER, DISTRICT PROJECT MANAGEMENT UNIT KERALA RURAL WATER SUPPLY AND SANITATION AGENCY 1ST FLOOR, METRO PALACE, OPP:TOWN RAILWAY STATION COCHIN-682 018,(SECRETARY, KERALA GROUND WATER SCIENTISTS ASSOCIATION) BY ADV. SRI.C.M.ANDREWS RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ADDL. CHIEF SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, GROUND WATER DEPARTMENT, JALA VINJJAN BHAVAN, AMBALAMUKKU, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.Ravindran, J. ===================== W.P(C).No.28578 of 2008 ===================== Dated this the 30th day of September, 2008. JUDGMENT The petitioner is a Senior Hydro-Geologist in the Ground Water Department. He is presently working on deputation as Project Manager in the Kerala Rural Water Supply and Sanitation Agency. According to the petitioner, though the post of Superintending Engineer (Data Centre) in the National Hydrology Project is a post in Branch V as per the Kerala Ground Water Department Special Rules, 1993, the said post is being filled up by giving cross branch promotion to Engineers in Branch II Mechanical Wing. The petitioner submits that on account of this cross branch promotion Civil Engineers in the Hydrology Branch are at a disadvantage for the reason that they loose their chances of promotion to the post of Director, Ground Water Department. Complaining about this cross branch promotion in violation of the Special Rules, the association of which the petitioner is a member and office bearer submitted Ext.P3 representation dated 10.8.2000 before the Secretary to Government, Irrigation Department. The petitioner submits that he has supplemented Ext.P3 representation by filing Ext.P6 representation before the Additional Chief Secretary, Water Resources Department. The main prayer in this Writ Petition is for a writ in the nature of mandamus commanding the respondents to take a decision on Ext.P3 representation WP(C) 28578/08 -: 2 :- taking note of the points raised by the petitioner in Ext.P6 within a time limit to be fixed by this Court. The petitioner submits that though he had along with another person earlier approached this Court by filing O.P.No.14090 of 2000 and it was disposed of by Ext.P4 judgment dated 22.9.2000 directing the Government to consider Exts.P3 representation and pass orders thereon, till date orders have not been passed in the matter. The learned counsel for the petitioner submits that an appeal was preferred from Ext.P4 judgment by officers in the Mechanical Branch and that was disposed of by Ext.P5 judgment delivered on 8.1.2004. The petitioner further submits that evidently because of the said fact disposal of Ext.P3 was held up. 2. I have heard Sri.C.M.Andrews, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for the respondents. By Ext.P4 judgment, which was upheld in Ext.P5 by a Division Bench of this Court, the Government was directed to consider Ext.P3 representation submitted by the petitioner and to pass orders thereon. By Ext.P5, the appellant in the appeal disposed of by the said judgment was also directed to be heard before orders are passed on Ext.P3. For reasons best known to the Government, orders have not been passed till date on Ext.P3. The petitioner has in Ext.P6 alerted the Government about the said fact and prayed for expeditious orders in the matter. 3. Having regard to the fact that the issue raised by the petitioner WP(C) 28578/08 -: 3 :- in Ext.P3 which was supplemented by Ext.P6 is of substantial importance, I dispose of this Writ Petition with a direction to the Additional Chief Secretary to Government, Water Resources Department to consider Exts.P3 and P:6 representations and pass orders thereon after notice to and affording the petitioner and the appellant in Ext.P5 judgment an opportunity of being heard. This shall be done within three months from the date on which the petitioner produces a certified copy of this judgment along with a copy of this Writ Petition. P.N.Ravindran, Judge. ess 30/9