IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 33744 of 2009(K) -------------------------- PETITIONER(S): --------------- K.BALAKRISHNAN, 1ST GRADE OVERSEER, P.W.D.ELECTRICAL WING, ALAPPUZHA. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.K.V.VIMAL RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTELD BY THE SECRETARY TO GOVERNMENT,PUBLIC WORKS DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. 2. CHIEF ENGINEER,PUBLIC WORKS DEPARTMENT ADMINISTRATION,THIRUVANANTHAPURAM,PIN-695033. 3. DEPARTMENTAL PROMOTION COMMITTEE(LOWER), PWD ELECTRICAL WING,REPRESENTED BY ITS CONVENER, THE CHIEF ENGINEER,PUBLIC WORKS DEPARTMENT ADMINISTRATION,THIRUVANANTHAPURAM,PIN-695033. MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.33744 of 2009 (K) --------------------------------- Dated, this the 9th day of December, 2009 J U D G M E N T The petitioner is a first grade overseer in the Electrical Wing of the PWD. His date of promotion was assigned as 29/11/1999 as per Ext.P1. In Ext.P2, and Ext.P2(a) final seniority list for the period from 01/04/1994 to 31/08/2000 published on 09/02/2005, the petitioner’s name was not included. He filed Ext.P3 representation requesting for his inclusion in the seniority list, and there has not been any response. It is stated that later, certain juniors to the petitioner were promoted. According to the petitioner, even now two more vacancies are available in the category of Assistant Engineer and therefore, he ought to be promoted to one of those vacancies. 2. Instructions have been obtained by the learned Government Pleader. It is stated that orders similar to Ext.P1 re- assigning the date of promotion has been given to certain other persons, who are seniors to the petitioner also. It is stated that WP(C) No.33744/2009 -2- their names also have to be considered for inclusion in Ext.P2 & P2 (a) seniority list and that claims of promotion cannot therefore be considered at this stage. 3. As already noticed, the claim of the petitioner is for promotion to the post of Assistant Engineer on the basis that his name ought to have been included in Ext.P2 & P2(a) seniority list and that his juniors have been promoted. If as stated by the learned Government Pleader there are other senior employees, whose names are also not included in the seniority list, along with the claim of the petitioner for inclusion of his name, the claims of others also have to be considered. Only after revision of seniority list by including the names of eligible candidates, can further steps for making promotion to the post of Assistant Engineers be considered. 4. As the petitioner has already filed Ext.P3 representation for inclusion in the seniority list, what the respondents have to do is to consider the aforesaid representation. Therefore, this writ petition is disposed of with the following directions. (1) That the Chief Engineer before whom Ext.P3 has been filed shall consider the claim of the petitioner and other similarly treated WP(C) No.33744/2009 -3- employees for inclusion in Exts.P2 & P2(a) final seniority list. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. 5. Once the aforesaid process is completed, steps will be taken for effecting promotion to the vacancies which are required to be filled up, by convening DPC. This shall be done without any further delay in the matter. 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