IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 10543 of 2009(K) -------------------------- PETITIONER(S): --------------- BALAKIRISHNAN.K.V. AGED 49 YEARS, S/O. P.P.KORAN, 'KAVYAM'. PADINHATTAMKOVAL, NILESWARAM.P.O., KASARGOD. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY WATER RESOURCE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN BY STANDING COUNSEL SRI.C.UNNIKRISHNAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 10543 of 2009 --------------------------------------------------- Dated this the 1st day of April, 2009 JUDGMENT The petitioners is aggrieved by the delay on the part of the 2nd respondent in not granting promotion to the post of Executive Engineer under Diploma quota from the cadre of Assistant Engineer. It is averred in the Writ Petition that he is a Diploma Holder and joined in service on 24.12.1986. He was promoted as Assistant Executive Engineer and joined as a Technical Assistant on 25.10.1999. 2. It is submitted that in the seniority list of the Assistant Executive Engineers, the petitioner is Sl.No.169 and the petitioner is awaiting for promotion in the light of his seniority position. The cadre strength of Executive Engineer in the Kerala Water Authority is 73 and 5% of the total sanctioned cadre strength of Executive Engineer shall be reserved to be filled up by selection from among the Assistant Engineers under diploma quota. It is pointed out that for the last so many years, the strength of Executive Engineer in the Kerala Water Authority is more than 70 and there are two more vacancies existing to be filled up. At present only three persons alone have been promoted as Executive Engineer under the diploma quota. wpc/10543/2009 2 3. Seeking for appropriate action, he has filed Ext.P3 representation before the second respondent. It is pointed out that the representation (Ext.P3) even though dated 16.05.2008, so far no action has been taken as on today. 4. Heard the learned standing counsel for the respondents also. There will be a direction to the second respondent to consider Ext.P3 and pass appropriate orders in accordance with the Special Rules and after considering the claims of petitioner and any other eligible candidates within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with the judgement for compliance. T.R.RAMACHANDRAN NAIR, JUDGE bps