IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 3149 of 2008(Y) ------------------------- PETITIONER: ------------ M.J.SEBASTIAN , AGED 54 YEARS (DATE OF BIRTH 15.07.1953) S/O. JOSEPH, NOW WORKING AS ASST.EXECUTIVE ENGINEER GROUND WATER DEPARTMENT, THODUPUZHA, IDUKKI. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENTS: ------------- 1. THE STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF WATER RESOURCES (GW) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, GROUND WATER DEPARTMENT JALAVIJNANA BHAVAN, KAWDIAR PO, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).3149/2008 -------------------- Dated this the 28th day of January, 2008 JUDGMENT Petitioner is an Assistant Executive Engineer in the Ground Water Department. As per the Special Rules applicable to the Kerala Ground Water Department, the next promotion post is that of Executive Engineer. According to the petitioner, there are at least three vacancies in the post of Executive Engineer remaining unfilled. Two of them are existing from the year 2002. There is no select list, nor has the Departmental Promotion Committee been convened. Petitioner is due to retire on 31.7.2008. Counsel for the petitioner submits that though the Departmental Promotion Committee has not been convened, petitioner's name has been included in the field of choice for the year 2006-07 as is evidenced by Ext.P1. Where the incumbents are impending retirement and where there is no select list, Ext.P3 circular provides that temporary promotions can be effected. W.P.(C).3149/2008 2 2. Taking note of these aspects as well, and after hearing the learned Government Pleader, the writ petition is disposed of directing the first respondent to consider the petitioner's claim for provisional promotion as early as possible, at any rate, before 31.3.2008. 3. For effecting compliance of the direction, petitioner shall produce a copy of this judgment, along with a copy of this writ petition before the first respondent at the earliest. V.GIRI, Judge mrcs