IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 7452 of 2009(B) ------------------------- PETITIONERS: --------------- E.T.VARGHESE, AGED 49 YEARS, S/O.THOMAS, JUNIOR SUPERINTENDENT, KERALA WATHER AUTHORITY, P.H.SUB DIVISION, VADAKKEKARA, ERNAKULAM DISTRICT, RESIDING AT EDASSERY HOUSE, MEKKAD, NEDUMBASSERY PANCHAYATH, ERNAKULAM DISTRICT. BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, WATER RESOURCES DEPARTMENT, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (HRD GL), KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN SRI. J. KRISHNA KUMAR, SC KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.7452 of 2009 -------------------------- Dated this the 11th March,2009 J U D G M E N T Petitioner is working as a Junior Superintendent under the Kerala Water Authority. Presently, the grievance raised by the petitioner is regarding the delay in granting promotion to the post of Divisional Accountant even though he is fully qualified for the post. Petitioner has passed various tests namely Account Test (H) Part I, 1st paper, Account Test (H) Part I, 2nd paper, Account Test (H) Part II 1st paper, Account Test (H) Part II, IInd paper and Account Test(H) Part II, 3rd paper. 2. In the provisional seniority list of Junior Superintendent as on 1.7.2007 published as per Exhibit- P1, he is serial No.105. For promotion to the post of Divisional Accountant, passing of Account Test (H) is mandatory. He has passed the qualifying test conducted in January 2008 and thus he is eligible for promotion to the post of Divisional Accountant. As per Exhibit-P1, the 3rd respondent prepared the preliminary seniority W.P ( C) No.7452 of 2009 2 list of Junior Superintendent qualified for promotion as Divisional Accountant as on 31.5.2008. Since the petitioner's name did not figure in the said list, he filed a representation as Exhibit-P3. Earlier, he has submitted a representation as per Exhibit-P4 also. In Exhibit-P4 he has produced the details of test qualifications supported by a gazette notification and web site of KPSC internet publishing the departmental examination result as he did not get the certificate for want of hall tickets which have been irrecoverably lost. Exhibit-P5 is the circular issued by the Water Authority whereby another preliminary list of Junior Superintendents qualified for promotion as Divisional Accountant as on 30.11.2008 has been published. 3. Petitioner is relying upon the similar case of one Smt.Sheelamma D' Costa, Junior Superintendent who could not obtain the test certificate due to non-production of hall ticket of the examination. She approached the 2nd respondent with a request to include her name on the basis of details available from gazette and web site of KPSC internet. The 2nd respondent based on her W.P ( C) No.7452 of 2009 3 representation placed the matter before the Board and thereafter by Exhibit-P6 she stands promoted as Divisional Accountant. Petitioner has also cited the cases of Sri. Unni Madhavan and Mr.K.S Ramachandran Nair who could not obtain test certificate due to non-production of hall tickets but were promoted to the post of Divisional Accountant, similarly. 4. Heard learned standing counsel for the respondents also. The issue has to be considered by the respondents as requested for by the petitioner in Exhibit- P4 representation. 5. Therefore, there will be a direction to the 2nd respondent to consider and pass orders on Exhibit-P4 as requested for by the petitioner after considering Exhibit-P6 also, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.7452 of 2009 4 W.P ( C) No.7452 of 2009 5