IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 22351 of 2008(J) -------------------------- PETITIONER: ------------ S. SINDHU, ASSISTANT DIRECTOR (CHEMISTRY), REGIONAL FORENSIC SCIENCE LABORATORY, THRISSUR. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, HOME AND VIGILANCE DEPARTMENT AND CONVENER, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), HOME DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, KERALA, THIRUVANANTHAPURAM. BY SENIOR GOVT. PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No. 22351 of 2008 -------------------------- Dated this the 14th August, 2008 J U D G M E N T The petitioner is presently working as Assistant Director (Chemistry) in the Forensic Science Laboratory under the Department of Home Affairs. The grievance voiced by the petitioner is that though a vacancy of Joint Director has arisen in the department on 22.10.2007 and her name is included in the list appended to Exhibit-P4 letter dated 9.11.2007 sent by the Director, Forensic Science Laboratory, Trivandrum to the Director General of Police for the purpose of being considered for promotion to the said post, till date, steps have not been taken to convene the Departmental Promotion Committee. The petitioner states that the convening of the Departmental Promotion Committee is delayed with a view to enlarge the field of choice by enlisting persons who were not qualified as on the date of occurrence of vacancy namely 22.10.2007. The learned counsel W.P ( C) No. 22351 of 2008 2 appearing for the petitioner contends with reference to Rule 28(b) (iA) of Part II of the K.S.& S.S.R that when a select list is prepared subsequent to the occurrence of a vacancy, no person who was not qualified for inclusion in the select list at the time of occurrence of the vacancy shall be included in the select list for appointment against that vacancy. The learned counsel for the petitioner also contends that the note to the said Rule would apply only if there was no person qualified for promotion on the date on which the vacancy arose. 2. Today, when the writ petition came up for admission, Smt. M.R Sreelatha, the learned Senior Government Pleader appearing for the respondents submitted that instructions have been issued by the Government to convene the Departmental Promotion Committee to select a candidate for promotion to the post of Joint Director and that the Departmental Promotion Committee will be convened within six weeks. In the light of the said submission, the petitioner cannot have any further grievance. The said submission is recorded and the W.P ( C) No. 22351 of 2008 3 writ petition is disposed of with a direction to the respondents to convene the Departmental Promotion Committee for promotion to the post of Joint Director in the Forensic Science Laboratory under the Department of Home Affairs within a time limit of six weeks from the date of receipt of a copy of this judgment. The Departmental Promotion Committee and the respondents shall strictly adhere to the provisions contained in Rule 28(b) (iA) of Part II of the K.S.& S.S.R in preparing the select list. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No. 22351 of 2008 4 W.P ( C) No. 22351 of 2008 5