IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 23132 of 2009(J) ------------------------------------- PETITIONER(S): ------------------------ V.JAYAKUMAR, LOWER DIVISION CLERK (RE-DEPLOYED FROM PUBLIC WORKS DEPARTMENT) OFFICE OF THE CORPORATION OF KOCHI, NEAR BOAT JETTY, ERNAKULAM. BY ADV. MR.S.P.ARAVINDAKSHAN PILLAY MR.PETER JOSE CHRISTO MR.ANAND S.A. MR.RAMESH C.R. RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT ADMINISTRATION THIRUVANANTHAPURAM, PIN-695 033. SPL. GOVT. PLEADER MR. MR.P.ANANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23132/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO. O & M1-172612/2007 DTD. 31.10.07 OF THE ADMINISTRATIVE OFFICER (PSD) OF THE OFFICE OF THE CHIEF ENGINEER , PWD ADMINISTRATION. P2:- COPY OF THE ORDER NO.ED1-8712/08 DTD., 3.1.09 OF THE CHIEF ENGINEER, PWD ADMINISTRATION WITH THE RELEVANT EXTRACT OF ITS APPENDIX. P3:- COPY OF THE JUDGMENT DTD. 15.11.06 OF THIS HONOURABLE COURT IN WPC. NO.5880/06. P4:- COPY OF THE REPRESENTATION DTD. 3.1.09 WAS SUBMITTED BY THE PETITIONER TO THE ASSISTANT EXECUTIVE ENGINEER, PWD (B) SUB DIVISION, ERNAKULAM. P5:- COPY OF THE LETTER NO.C6.150/05 DTD. 16.1.09 OF THE EXECUTIVE ENGINEER. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23132 of 2009 --------------------------------- Dated, this the 11th day of November, 2009 J U D G M E N T The petitioner is a Lower Division Clerk, now working in the Local Self Government Department on pre-deployment from Public Works Department. He belongs to Scheduled Caste community. He is aspiring for promotion to the post of Upper Division Clerk. 2. It is his case that when by Ext.P2 order dated 03/01/2009, provisional promotions were effected, although his juniors, who had passed Account Test, have been granted promotion, he was not included in the list for the reason that he has not passed the obligatory test. The contention of the petitioner is that he is entitled to be given temporary promotion extending the benefit of Rule 13A(1)(a) of Part-II, KS & SSR. 3. Being a scheduled caste candidate, the petitioner is eligible for the benefit of Rule 13A(1)(a). It is noticed that after Ext.P2, provisional promotions were effected, the petitioner has submitted Ext.P4 application before the Assistant Executive WP(C) No.23132/2009 -2- Engineer, which has been forwarded to the 2nd respondent under cover of Ext.P5. 4. Now that the petitioner's application is pending before the 2nd respondent, I direct the 2nd respondent to consider the said application made by the petitioner for the benefit of Rule 13A(1)(a) of Part-II KS & SSR, and in the light of Ext.P3 judgment of this Court in WP(C) No.5880/2006 dated 15/11/2006. Orders on Exts.P4 & P5 shall be passed as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment, along with a copy of this writ petition. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg