IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 12649 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------ P.ANILKUMAR, S/O LATE M.PADMANABHAN, SUPERINTENDING ENGINEER, KUTTANAD DEVELOPMENT CIRCLE, CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAMADAS RESPONDENT(S): -------------------------- 1. THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 2. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM-695 001. R1 & R2 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.12649 of 2011-(E) - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of May, 2011 J U D G M E N T The petitioner was promoted as Superintending Engineer in the Water Resources Department of Government of Kerala on 13.05.2005. He has two grievances in this writ petition. First is that despite completion of more than six years, the probation of the petitioner in the post of Superintending Engineer has not been declared on the ground that two criminal cases are pending against him. He is not also being considered for promotion to the next higher post. According to the petitioner, both the criminal cases have been closed against petitioner and as such there is no surviving circumstances which stands in the way of either declaring the petitioner's probation or in considering his case for further promotion by the Departmental Promotion Committee. Petitioner has already filed Ext.P3 and P4 requests/representations, seeking declaration of probation. The petitioner seeks the following reliefs: “a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to take necessary steps for declaring the probation of the petitioner in the cadre of Superintending Engineer with effect from 14.05.2006 F.N. as expeditiously as possible, within a time limit to be fixed by this Hon'ble Court. b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass appropriate orders on Exts.P3 and P4 representations submitted by the petitioner as expeditiously as possible within a time limit to be fixed by this Hon'ble Court.” W.P.(C) No.12649 of 2011-E -2- 2. Having heard the learned Government Pleader also, I dispose of this writ petition with the following directions: (i) The question of declaration of the petitioner's probation shall be taken up and orders passed thereon by the first respondent as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. (ii) If it is declared that the petitioner has successfully completed probation in the post of Superintending Engineer and if the petitioner has been overlooked for promotion on the ground that the petitioner's probation has not been declared or that criminal cases are pending against him, the case of the petitioner for inclusion in the select list for the respective years in which he has been superseded for promotion, shall be considered by constituting a Review Departmental Promotion Committee as expeditiously as possible, at any rate within a further period of two months therefrom. Sd/- S. SIRI JAGAN JUDGE //TRUE COPY// P.A. TO JUDGE krj