IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WA.No. 1880 of 2008 --------------------------------- AGAINST THE ORDER IN WPC.18672/2008 .................... APPELLANTS/RESPONDENTS: 1. STATE OF KERALA, REP. BY THE SECRETARY. DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF SURVEY & LAND RECORDS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.SANDESH RAJA RESPONDENTS: 1. C.RAJAN, HEAD SURVEYOR, O/O. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, RE-SURVEY, ATTINGAL. 2. PRASANNA.C., HEAD SURVEYOR, O/O.OF THE SUPERINTENDENT OF SURVEY & LAND RECORDS, RE-SURVEY, THIRUVANANTHAPURAM. 3. R.ANIL KUMAR, HEAD SURVEYOR, O/O.THE ASSISTANT DIRECTOR, MINI FOREST SURVEY, MATHOTTOM, KOZHIKODE. 4. P.K.NALINI, HEAD SURVEYOUR , O/O. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS RE-SURVEY, ALUVA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- W.A.No.1880 of 2008 --------------------------------- JUDGMENT Koshy, J. This writ appeal is filed challenging the interim order passed by the learned single Judge directing the appellants/respondents that candidates named in Exhibit P3 select list should be promoted to the posts of Superintendent of Survey exist in the Department provisionally subject to further orders in the writ petition. It is submitted by the Government Pleader that as per the judgment of this Court in W.A.No.1028/06 Government is bound to promote candidates from the Scheduled Caste categories, who were not included in the select list and are entitled to get promotion. It is submitted by the counsel for the respondents/petitioners that forty six vacancies are available as can be seen from Exhibit P4 and still there are vacancies to accommodate them. WA 1880/08 2 2. In the circumstances of the case, we make it clear that the interim order is applicable only to the writ petitioners and not to all persons in the select list and promotions will be provisional without creating any substantial right to them, subject to final orders in the writ petition. If any modification of the impugned order is necessary, the appellants can approach the learned single Judge. They can also move before the learned single Judge for early disposal of the writ petition itself especially considering the decision of this Court in W.A. No.1028/06. The writ appeal is dismissed. (J.B.Koshy, Judge) 16th September, 2008 (K.P.Balachandran, Judge) tkv