IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 28503 of 2008(R) -------------------------- PETITIONER(S): --------------- 1. P.V.WILSON, ASST.EXECUTIVE ENGINEER GROUND WATER DEPARTMENT CENTRAL WORKSHOP AND STORES, KOLLAM. 2. S.VIMAL RAJ, ASST.EXECUTIVE ENGINEER GROUND WATER DEPARTMENT DISTRICT OFFICE, KOLLAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE ADDL. CHIEF SECRETARY. WATER RESOURCES (GROUND WATER) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPUAM. 2. DIRECTOR, GROUND WATER DEPARTMENT, JALA VIGNA BHAVAN, AMBALAMUKKU, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.28503 of 2008 ------------------------------- Dated this the 29th September, 2008. J U D G M E N T Heard Dr.K.P.Satheesan, the learned counsel appearing for the petitioners and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioners are presently working as Assistant Executive Engineers in the Water Resources (Ground Water) Department. They were promoted as Assistant Engineers by Ext.P5 order dated, 11.2.2005. The petitioners contend that though vacancies of Assistant Engineer were available as on 31.8.2003, and they became eligible to be promoted as Assistant Engineers on 31.8.2003 and 6.4.2003 respectively, they were promoted only on 11.2.2005. They further contend that though their confidential reports were forwarded along with Ext.P3 letter dated 1.9.2003, immediately after the vacancies arose, as the convening of the DPC was inordinately delayed and the DPC met only on 1.12.2004, they were denied W.P.(C) No.28503 of 2008 2 promotion on the respective due dates. The petitioners have filed Exts.P6 and P7 representations before the first respondent, Additional Chief Secretary, Water Resources (Ground Water) Department, claiming promotion from the date on which the vacancies arose. The petitioners further submit that the delay in promoting them as Assistant Engineers would consequently result in delaying their further promotions. The main relief sought for by the petitioners, in this writ petition, is for a direction to the first respondent to consider Exts.P6 and P7 representations, and pass orders thereon, within a time limit to be fixed by this Court. 3. It is evident from Ext.P3 that confidential reports of the petitioners were forwarded on 1.9.2003, immediately after the vacancies of Assistant Engineer arose. However, for reasons beyond the control of the petitioners, the Departmental Promotion Committee met only on 1.12.2004. Orders promoting the petitioners as Assistant Engineers were issued shortly thereafter on 11.2.2005. The petitioners have filed Exts.P6 and P7 representations before the first respondent W.P.(C) No.28503 of 2008 3 pointing out these aspects and prayed that they may be assigned an earlier date of promotion. The question whether vacancies were in existence from the earlier dates claimed by the petitioners, is essentially a matter for the first respondent to decide. The entitlement of the petitioners to claim promotion from an earlier date would depend upon the existence and availability of vacancies in the higher post. Such being the situation, I dispose of the writ petition with a direction to the Additional Chief Secretary, Water Resources (Ground Water) Department, to consider the request made by the petitioners in Exts.P6 and P7 representations and pass orders thereon, after notice to and affording them an opportunity of being heard. This shall be done within a period of three months from the date on which the petitioners produce a certified copy of this judgment before the first respondent. P.N.RAVINDRAN, JUDGE nj.