IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Con.Case(C).No. 1494 of 2009(S) ------------------------------- AGAINST THE ORDER IN WPC.6094/2009 Dated 25/02/2009 .................... PETITIONER(S): PETITIONER ------------------------- NAJEEB P.A, AGED 35, S/O.P.P.ABDUL KAREEM,ASSISTANT DIRECTOR (TOOL ROOM COMMON FACILITY SERVICE CENTRE, CHANGANACHERRY RESIDING AT PADINJAREKARAYIL HOUSE, KEERIKODE, THODUPUZHA EAST PO, 685 585 THODUPUZHA TALUK,IDUKKI DISTRICT. BY ADV. SRI.M.N.MATHEW RESPONDENT(S): --------------- SRI.T.BALAKRISHNAN AGED ABOUT 52 YEARS, THE PRINCIPAL SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM 695 001. GOVERNMENT PLEADER SRI.P.NARAYANAN FOR R THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ``````````````````````````````````````````````````````` Cont. Case(C) No. 1494 of 2009 ``````````````````````````````````````````````````````` Dated this the 22 nd day of February, 2010 J U D G M E N T Alleging non-compliance of Annexure-1 order, the Contempt Case has been filed. Annexure-1 is an interim order to the effect that promotion, if any, made will be subject to the finalisation of the seniority position of the petitioner. It is the case of the petitioner that in the light of the new special rules, eventhough he is only undergoing probation, he is entitled for promotion. According to him, orders are being passed overlooking his claim and without finalising his seniority. An affidavit has been filed by the respondent as directed by this Court. The stand taken therein is that the petitioner can be considered for promotion only after completing the probation. In paragraph 4 thereof, it is averred that two seniors of the petitioner, namely Sri.N.Sathyaraj and Smt.M.V.Lauly, have put in more than 19 years and 8 years of service respectively as Assistant Directors and whose probation has already been declared and as such they were promoted as Deputy Directors Branch-I. Learned counsel for the petitioner COC.1494/2009 : 2 : submitted that in violation of the assurance also juniors have been promoted. Since the writ petition is pending, it is open to the petitioner to file appropriate interim application seeking further directions, if any. In that view of the matter, I am relegating the petitioner to the said course. The Contempt of Court Case is thus closed. (T.R.RAMACHANDRAN NAIR, JUDGE) aks