IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 20434 of 2008(G) -------------------------- PETITIONER: ------------ T.R.SAILESEN EXECUTIVE ENGINEER IRRIGATION DIVISION, THRISSUR BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT WATER RESOURCES DEPARTMENT AND CONVENOR DEPARTMENT PROMOTION COMITTEE(HIGHER), GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 2. THE CHIEF ENGINEER, IRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SMT.M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No. 20434 of 2008 -------------------------- Dated this the 11th August, 2008 J U D G M E N T The petitioner is an Executive Engineer in the Irrigation Division of the Water Resources Department. His grievance is that though he was eligible to be promoted as Superintending Engineer during the years 2004, 2005, 2006 and 2007, he was superseded for no justifiable reasons. Aggrieved by the non-inclusion in the select list and supersession, he has submitted Exhibit-P5 representation to the Principal Secretary to Government, Water Resources Department who is also the Convenor of the Departmental Promotion Committee (Higher) for promotion to the post of Superintending Engineer pointing out his grievances. Thereafter, this writ petition was filed seeking the following reliefs: “i) to issue a Writ of Mandamus or order or direction to the 1st respondent to consider and pass appropriate orders on Exhibit-P5 representation filed by the petitioner in the light of Exts P3 and P4 as expeditiously as possible and at any rate within a time limit that may be W.P ( C) No. 20434 2 fixed by this Hon'ble Court. ii) to issue a Writ of Mandamus or order or direction to the 1st respondent to convene the D.P.C for preparing the select list for promotion to the post of Superintending Engineer in the Water Resources Department without any further delay. iii) to declare that the pendency of the vigilance enquiry is not a bar for considering the claim of the petitioner for inclusion in the select list for promotion to the post of Superintending Engineer” 2. As directed by this Court, the 2nd respondent has filed a statement which reads as follows: “The name of the petitioner Sri.T.R.Sailesen, Executive Engineer, among others was placed before the Departmental Promotion Committee held on 17.3.2007. But the DPC after discussion superseded his name on the ground that the Vigilance enquiry is pending against the petitioner. An adhoc DPC was held on 2.7.2007 to consider the case of Sri.T.R Sailesen, Executive Engineer. The DPC, on going through the notes observed that all the similar cases have not been placed before the DPC especially when there is one candidate Shri.S.Salim, who is above the rank of Shri.T.R.Sailesen. In the DPC held on 23.11.2007 the decision regarding the promotion of Executive Engineer as Superintending Engineer was deferred. Again an Adhoc DPC was held on 15.12.2007. The DPC included one person Sri.S.Salim in the select list. Since there was only one vacancy left in the year 2007, Shri.S.Salim who is above the rank of Shri.T.R.Sailesen was included in the select list on the condition that promotion will be effected subject W.P ( C) No. 20434 3 to the outcome of the disciplinary action pending against him. 2. Now steps are being taken to convene the DPC for the year 2008 to prepare Select list of Executive Engineers for promotion as Superintending Engineer. The notes are prepared and the name of the petitioner is also included in the Filed of choice. Suitable decision will be taken with regard to the promotion to the post of Superintending Engineer in the DPC to he held shortly.” 3. The main prayer made by the petitioner in this writ petition is for a direction to the first respondent to consider and pass orders on Exhibit-P5 representation in the light of Exhibit-P3 judgment of this Court and Exhibit- P4 interim order passed in W.P (C) No.36486 of 2007 in which the petitioner is the 6th respondent. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing on behalf of the respondents, I feel that in the light of the stand taken by the second respondent in the statement dated 30.7.2008, no further orders are required except to direct that the Departmental Promotion Committee to prepare the select of Executive Engineers eligible for W.P ( C) No. 20434 4 promotion as Superintending Engineer shall be convened with a period of three months from the date of receipt of a copy of this judgment. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No. 20434 5 W.P ( C) No. 20434 6