IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 32347 of 2008(A) -------------------------- PETITIONER: ------------- M.K.THAJUDEEN , AGED 54 YEARS S/O.SHRI A.MOHAMMED KASIM PUBLIC WORKS OVERSEER GRADE -1 CORPORATION OF COCHIN, KOCHI. BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR RESPONDENTS: ---------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER, SMT.ANUSIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:32347 OF 2008 ----------------------------- Dated this 4th day of November, 2008 J U D G M E N T The petitioner, who is presently working as Public Works Overseer Grade I had filed W.P.(C) No. 27718 of 2008 in this court, in the matter of temporary promotion as Assistant Engineer under Rule 31(a) (i) of Part II of the KS & SSR. The said writ petition was filed apprehending that, before his superannuation on 31-12-2008, his request for temporary promotion will not be considered. When the said writ petition came up for admission on 6-10-2008, the learned Government Pleader submitted that orders have been passed on 3-9-2008 rejecting the petitioner’s request for temporary promotion. W.P.(C)No.27718 of 2008 was accordingly closed as infructuous reserving liberty with the petitioner to challenge the order passed on 3-9-2008. In this writ petition, the petitioner challenges Ext.P5 order dated 3-9-2008 by which his request for temporary promotion was rejected. 2. Ext.P5 discloses that the request of the petitioner who stands deployed to the Local Self Government Department, for temporary promotion under Rule 31(a)(i) of Part II of the KS&SSR, was not accepted for the reason that the seniority list of Public Works Overseers Grade I drawn from various sources to the Local W.P.(C) NO:32347 OF 2008 2 Self Government Department has not been finalised. Ext.P5 states that for this reason, the claim of the petitioner for promotion as Assistant Engineer cannot now be considered. 3. In this writ petition, the petitioner contends that Ext.P5 order to the extend it denies him promotion before his retirement is arbitrary and illegal. Per contra the learned Government Pleader submits that petitioner has only been recently deployed to the Local Self Government Department and that as the deployment itself is under challenge in this Court and as the seniority list of Overseers deployed to the Local Self Government Department from various sources has not been finalized, the petitioner cannot claim or be granted even temporary promotion at this stage. 4. In my considered opinion there is merit and subsistence in the contention raised by the learned Government pleader. An Engineering Cadre for the Local Self Government Department was created with effect from 1-1-2008. It consists of personnel drawn from various departments of the Government including the Public Works Department. The petitioner was deployed from the Public Works Department. The seniority list of such personnel has not yet been drawn up and finalised. Further, the deployment of personnel from various sources to the Local Self Government W.P.(C) NO:32347 OF 2008 3 Department is under challenge in this Court. Such being the situation there is no yard stick based on which the petitioner's request for promotion at this point of time can be considered or granted. The challenge to Ext.P5 cannot therefore be entertained. The writ petition is accordingly dismissed. However, it is clarified that as the petitioner's claim has not been rejected finally and the rejection is only of his request for temporary promotion at this point of time, it will be open to the petitioner to move the competent authorities later, setting out his claims after the seniority list is finalised. P.N.RAVINDRAN,JUDGE bps