IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 28520 of 2004(T) --------------------------------------- PETITIONER: ------------------- V.K.FRANCIS, FOREST RANGE OFFICER, PALAGHAT WORKING PLAN, RANGE NO.2, ARANYA BHAVAN, OLAVAKKODE P.O. RESIDING AT VADAKKEKUDIYIL, OONNUKKAL P.O. ERNAKULAM DISTRICT. BY ADV. SRI.P.SREEKUMAR, ADV. SRI.K.S.MANU. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, FOREST AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FOREST, (ADMINISTRATION), FOREST HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE FOR THE POST OF ASSISTANT CONSERVATOR OF FORESTS, FORESTS AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28520/2004-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SELECT LIST PREPARED BY THE R.3. AND AS MODIFIED IN ADHOC MEETINGS. EXT.P.2: COPY OF THE COMMUNICATION DTD. 02/08/04 OF THE R.1. SHOWING THE STEPS TAKEN TO PREPARE THE SENIORITY LIST. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.28520 of 2004 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT The writ petition is filed with the following prayer:- i) Issue a writ of mandamus or any other writ or order directing the 3rd respondent to take appropriate action to convene the departmental promotion committee for selection to the post of Assistant Conservator of Forests as contemplated in the special rules and Rule 28b of Part II KS & SSR before making appointment to the post. There cannot be any quarrel on the legal position that under Rule 28 (b) of the KS & SSR, in case there is a vacancy the Departmental Promotion Committee has to be convened in the year concerned for preparing a select list for filling up of the vacancies available in that year. There is no point in holding the Departmental Promotion Committee once in a while and preparing a long list. That will affect the prospects of the incumbents like the petitioner. Therefore, the writ petition is disposed of directing the respondents to see that the DPC is convened for preparing the select list in respect of the vacancies available in the year concerned in terms of Rule 28(b) of the General Rules. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No. 28520 of 2004 ----------------------------------- JUDGMENT 10th November, 2008