IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 11176 of 2009(N) -------------------------- PETITIONER(S): --------------- U.K.RAJEEVAN, JUNIOR SUPERINTENDENT, PRINCIPAL AGRICULTURE OFFICE, KANNUR. BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.GILBERT GEORGE CORREYA RESPONDENT(S): --------------- 1. THE STATE OF KERALA - REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE (ESTT) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE SECRETARY TO GOVERNMENT & CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), AGRICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 11176 of 2009 --------------------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT The main complaint in the writ petition is that the petitioner's name has not been considered by the Departmental Promotion Committee (Higher), Agriculture Department, while preparing the Select List of Officers for promotion to the post of Administrative Assistant and Accounts Officer in the Agriculture Department. The petitioner is presently working as Junior Superintendent and he is eligible for consideration of promotion to the cadre of Administrative Assistants and Accounts Officers. The petitioner has passed Account Test (Higher) as evidenced by Ext.P1. The 2nd respondent has convened the Departmental Promotion Committee on 24.01.2009 and the select list was approved which was published in the Kerala Gazette Extraordinary as evidenced by Ext.P2. 2. The petitioner's complaint is that serial nos. 7 and 9 have not passed the obligatory qualification of Accounts Test (Higher) and they are included in the select list which has seriously prejudiced the petitioner. 3. The petitioner had filed Ext.P3 representation before the Convenor of DPC requesting for a revision of the list. Meanwhile, the incumbents of serial Nos. 1 to 4 from Ext.P2 have been promoted as per Ext.P4 order. Again he filed a statutory representation as per Ext.P5. wpc: 11176 of 2009 2 Since the petitioner has filed a statutory representation as per Ext.P5, there will be a direction to the second respondent to take appropriate action on Ext.P5 and pass orders accordingly with a notice to the petitioner and the affected parties within a period of three months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps