IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 11261 of 2011(G) -------------------------- PETITIONER(S): --------------- THULASIBHAI,W/O.LATE K.SURESH BABU, AGED 52 YEARS,TX 31/603(3),'SRUTHI', SREE NARAYANA NAGAR RESIDENTIAL ASSOCIATION, SREENARAYANAGAR,PETTAH,THIRUVANANTHAPURAM-695024, PRESENTLY WORKING AS ASSISTANT CHEMICAL EXAMINER, CHEMICAL EXAMINER'S LABORATORY,THIRUVANANTHAPURAM. BY ADV. SMT.A.G.ANEETHA SMT.M.KABANI DINESH RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM,CONVENOR,DEPARTMENT PROMOTION COMMITTEE(HIGHER)CHIEF EXAMINER'S LABORATORY,PIN-695001. 2. THE CHIEF CHEMICAL EXAMINER, CHEMICAL EXAMINER'S LABORATORY, THIRUVANANTHAPURAM-695001. GOVT. PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 11261 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th day of April, 2011. J U D G M E N T The petitioner is working as Assistant Chemical Examiner in the Chemical Examiner's Laboratory, Thiruvanathapuram under the Government of Kerala. She was superseded for promotion by the Departmental Promotion Committee (Higher) on 29.5.2010 on the ground that she was not qualified to be included in the field of choice. The petitioner filed W.P(C) No. 10132/2010 in which by Ext. P1 judgment, the petitioner's right to be considered for promotion has been upheld. Still, the petitioner's claim was not considered. Therefore, the petitioner filed Cont. Case (C) No. 929/2010, wherein, this Court passed the following judgment: “On instructions, the learned Government Pleader submits that in pursuance to the directions in the judgment, a review Departmental Promotion Committee was held on 16/11/2010. It is stated that, as at present, there are only two vacancies and that two candidates who are senior to the petitioner are eligible to be considered against those two vacancies. It is stated that the third vacancy is to arise on 01/04/2011, and that, before that date, a regular Departmental Promotion Committee will be held and the petitioner's case will be considered against that vacancy. Having regard to the facts now disclosed, it cannot be said that there is any wilful disobedience of the judgment and therefore recording the aforesaid submission and also taking note of the pendency of W.A.No. 1570/2010 filed by the State against the judgment in the writ petition, the contempt petition is closed.” The petitioner's contention is that that undertaking has also not been complied with. The petitioner therefore seeks the following reliefs: “i. To grant a writ, order, direction in the nature of mandamus directing the respondents to take steps to hold Departmental Promotion Committee (Higher) to the post of Joint Chemical Examiner in the Chemical Examiner's W.P(C) No. 11261 of 2011 -: 2 :- Laboratory Service; and ii. to grant an order directing the respondents to provisionally appoint the petitioner to the existing vacancy of Joint Chemical Examiner which arose on 1.4.2011.” 2. I have heard the learned standing counsel also. 3. I am of opinion that simply because this Court has not fixed a time limit for implementing the judgment, the respondents cannot sit on it for ever. They are bound to comply with the directions within a reasonable time. In fact, in Ext. P2 judgment, it has been recorded that the 3rd vacancy is to arise on 1.4.2011 and that before that date, a regular Departmental Promotion Committee will be held and the the petitioner's case will be considered against that vacancy. That being so, the action of the respondents may even amount to contempt of court in violating the undertaking given by them before this Court. Taking into account all these factors, I dispose of this writ petition with a direction to the respondents to see that the petitioner's case for promotion to the vacancy which has arisen on 1.4.2011 is considered by the Departmental Promotion Committee and appropriate decision taken. If the petitioner's name is decided to be included in the select list, the select list shall be published and the promotion shall also be effected consequent thereto. The Departmental Promotion Committee shall complete the proceedings as directed above within one month from the date of receipt of a copy of this judgment. If the Departmental Promotion Committee decides to include the petitioner in the select list, the other procedure as directed W.P(C) No. 11261 of 2011 -: 3 :- above shall be completed within a period of another month. The above direction is subject to the condition that the Departmental Promotion Committee has not already considered the matter. If the Departmental Promotion Committee has already recommended the case of the petitioner for promotion, the other directions shall be complied with. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.