IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 30961 of 2008(J) ---------------------------------------- PETITIONER(S): ------------------------ SAPHYA BASHEER, JUNIOR EMPLOYMENT officer, TOWN EMPLOYMENT EXCHANGE, CHANGANASSERY. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SATHEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LABOUR AND REHABILIATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPARTMENTAL PROMOTION COMMITTEE (LOWER), NATIONAL EMPLOYMENT SERVICE DEPARTMENT, REPRESENTED BY ITS CONVENER, THE DIRECTOR OF EMPLOYMENT AND TRAINING, TRIVANDRUM. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ===================== W.P(C).No.30961 of 2008 ===================== Dated this the 29th day of October, 2008. JUDGMENT Heard Sri.K.Jaiju Babu, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presenting working as Junior Employment Officer. She is due to retire from service on 30.11.2008 on attaining the age of superannuation. According to the petitioner, the Departmental Promotion Committee (Lower) that met on 30.7.2008 has selected her for promotion to the post of Employment Officer. Ext.P2 produced along with the Writ Petition is a copy of the minutes of the meeting of the Departmental Promotion Committee (Lower) held on 30.7.2008. It discloses that the petitioner has been included in the select list of Junior Employment Officers for promotion to the category of Employment Officers for the year 2008. The petitioner is serial No.16 in the select list of such officers. The petitioner's grievance is that though the Departmental Promotion Committee (Lower) met on 30.7.2008 and finalised the select list of officers, till date the select list has not been approved by the Government or published in the official Gazette. The petitioner has aggrieved by the delay, moved the Secretary to Government, Labour and Rehabilitation Department by submitting Ext.P3 WP(C) 30961/08 -: 2 :- representation dated 1.9.2008 pointing out that she is due to retire from service on 30.11.2008 and that steps may be taken to give effect to the recommendations of the Departmental Promotion Committee. The petitioner also relies on Ext.P5 circular dated 3.6.1999 wherein the Government have directed that if there is delay in finalising the select list prepared by the Departmental Promotion Committee, provisional promotion can be effected in the case of officers who are due to retire within six months. In this Writ Petition, the petitioner prays for the following reliefs: “i. Issue a writ of mandamus, or any other appropriate writ, order or direction, directing the respondents to finalise, approve and publish the select list for promotion to the category of Employment Officer etc. in the National Employment Service for the year 2008, pursuant to Ext.P2 forthwith; ii. Direct the respondents to promote the petitioner to the cadre of Employment Officer pursuant to selection evidenced by Ext.P2 with effect from date of occurrence of vacancy from 1/11/07 onwards with all consequential benefits;” 3. When this Writ Petition came up for admission on 21.10.2008, this Court directed the learned Government Pleader to get instructions as to the reason for the delay in finalising the select list. The learned Government Pleader on instructions submits that the select list prepared by the Departmental Promotion Committee is in the process of being finalised and that it will be published in the Official Gazette shortly. The WP(C) 30961/08 -: 3 :- learned Government Pleader appearing for the respondents does not dispute the fact that the petitioner's name is included in Ext.P2 select list prepared by the Departmental Promotion Committee. No reason is brought to my notice to show that the petitioner is ineligible to be promoted as Employment Officer under Rule 31(a)(i) of Part II of the Kerala State and Subordinate Services Rules. In these circumstances, having regard to the fact that the petitioner is due to retire from service on 30.11.2008, I dispose of the Writ Petition with a direction to the Secretary to Government, Labour and Rehabilitation Department to consider the question of temporarily promoting the petitioner and other eligible persons as Employment Officers under Rule 31(a)(i) of Part II of the Kerala State and Subordinate Services Rules. A decision in that regard shall be taken within two weeks from the date on which the petitioner produces a certified copy of this judgment. The respondents shall also take further steps pursuant to the decision evidenced by Ext.P2 and complete the same within two months from today. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess 29/10