IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 29909 of 2011(K) -------------------------- PETITIONERS: --------------- 1. SUGANTHI.S, ASSISTANT ENGINEER (ELECTRICAL), PWD ELECTRICAL WING, RAJ BHAVAN SECTION, THIRUVANANTHAPURAM. 2. JAMAL ABDUL NAZAR, ASSISTANT ENGINEER (ELECTRICAL), PWD ELECTRICAL WING, CIVIL STATION, PALAKKAD. BY ADV. SMT.P.V.ASHA SMT.VINEETHA B. RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT., PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. CHIEF ENGINEER (ADMINISTRATION) PWD, THIRUVANANTHAPURAM-695 001. 3. DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR PUBLIC WORKS DEPARTMENT, REPRESENTED BY ITS CONVENER, SECRETARY TO GOVT., PUBLIC WORKS DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4. SMT.SREEKALA.S, ASSISTANT ENGINEER (ELECTRICAL) PWD ELECTRICAL WING, KOLLAM-691 001. BY GOVERNMENT PLEADER ADV. MR. JOE KALLIATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29909 of 2011(K) APPENDIX PETITIONERS' EXHIBITS EXHIBIT P1- TRUE COPY OF THE ORDER NO.SC3-32547/2003 DATED 5.10.2007 OF 2ND RESPONDENT ALONG WITH SENIORITY LIST OF ASSISTANT ENGINEERS. EXHIBIT P2- TRUE COPY OF THE JUDGMENT DATED 31.10.1989 IN WA 520/1983. EXHIBIT P3- TRUE COPY OF THE GO(MS) NO.14/08/PWD DATED 18.2.2008. EXHIBIT P4- TRUE COPY OF THE REPRESENTATION DATED 25.4.2011 OF IST PETITIONER. EXHIBIT P5- TRUE COPY OF REPRESENTATION DATED 20.4.11 OF 2ND PETITIONER. EXHIBIT P6- TRUE COPY OF REPRESENTATION DATED 24.5.11.OF IST PETITIONER. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No.29909 OF 2011 ......................................................................... Dated this the 10th November , 2011 J U D G M E N T The petitioners, who are working as Asst. Engineers in the Electrical Wing of PWD, are stated as eligible to be promoted to the next higher posts of Asst. Executive Engineer. The grievance of the petitioners is that, inspite of availability of vacancies, the claim of the petitioners, who come within the feeder category and duly qualified in all respects, is not being considered and that the callous inaction on the part of the respondents is causing much loss and hardship to them, which hence is sought to be intercepted. 2. The learned Counsel for the petitioners submits that the first petitioner has already preferred Ext. P4 representation before the DPC (third respondent ) and the second petitioner has preferred Ext. P5 representation before the second respondent, W.P.(C) No.29909 OF 2011 2 to be placed before the third respondent. It is also brought to the notice of this Court that, along with the representation, the first petitioner has preferred Ext. P6 as well before the third respondent . A true copy of judgment in W.A.No.520 of 1983 (Ext.P2) is also placed for consideration, which according to the petitioners covers the issue as projected in the writ petition. 3. Heard the learned Government Pleader as well. 4. Taking note of the submissions that the petitioners will be satisfied if a direction is given to the third respondent to consider the grievances projected in the concerned representations and to take a decision within a reasonable time, the writ petition is disposed of, directing the first and second respondents to cause the above representations to be considered and finalised by the third respondent in the light of Ext. P2 judgment and pass appropriate orders accordingly, of course, in accordance with law, which shall be done as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of the judgment. Petitioners shall produce a copy of this judgment along W.P.(C) No.29909 OF 2011 3 with a copy of the writ petition before the concerned respondents for further steps. P.R. RAMACHANDRA MENON, JUDGE. lk