IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 23884 of 2010(I) -------------------------- PETITIONERS: --------------------- 1. P.K.SAMUEL, S/O.LATE P.C.KORAH, WORKING AS HEAD READER, GOVERNMENT PRESS, MANNANTHALA, THIRUVANANTHAPURAM, NOW RESIDING AT: TC.8/544(4), ODANKUZHY LANE, THIRUMALA P.O., THIRUVANANTHAPURAM-6. 2. A.RAMAKRISHNAN, HEAD-COMPUTER, GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM. BY ADV. SRI.V.PHILIP MATHEWS RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. DIRECTOR OF PRINTING, GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, PIN-695 001. 4. CONVENER, DPC (LOWER), PRINTING DEPARTMENT, GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, PIN-695 001. R1 TO 4 BY GOVERNMENT PLEADER. SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 3.12.2010, THE COURT ON 03/12/2010 DELIVERED THE FOLLOWING: WP(C).No. 23884 of 2010(I) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF CIRICULAR NO.32775/93/G2 DATED 29.03.1994 EXT.P2. COPY OF ORDER NO.9131/08/E8 DATED 19.05.2008. EXT.P3. COPY OF THE PROCEEDINGS DATED 07.12.2009 ISSUED BY THIRD RESPONDENT. EXT.P4. COPY OF ORDER DATED 09.12.2009 ISSUED BY THIRD RESPONDENT. EXT.P5. COPY OF RELEVANT PAGES OF W.P. NO.34018/2009 WITHOUT EXHIBITS. EXT.P6. COPY OF ORDER DATED 21.06.2010 IN I.A. NO.378/2010 IN W.A. NO.282/2010. EXT.P7. COPY OF THE CHARGE SHEET DATED 18.02.2010 ISSUED BY THE THIRD RESPONDENT. EXT.P8. COPY OF PROCEEDINGS DATED 19.05.08 PROMOTING PETITIONER AS HEAD COMPUTER. EXT.P9. COPY OF THE APPLICATION DATED 13.05.10. UNDER THE R.I. ACT. EXT.P10. COPY OF THE ANSWER DATED 18.06.2010 GIVEN TO EXT.P9. EXT.P11. COPY OF THE NOTE PREPARED BY THE THIRD RESPONDENT FOR THE DEPARTMENTAL PROMOTION COMMITTEE FOR THE PURPOSE OF PROMOTION TO THE POST OF ASSISTANT SUPERINTENDENT. EXT.P12. COPY OF THE PROFORMA SHOWING THE DETAILS OF ELIGIBLE OFFICERS INCLUDED IN THE FILED OF CHOISE FOR PREPARING SELECT LIST FOR THE POST OF ASSISTANT SUPERINTENDENT FOR THE YEAR 2010. EXHIBIT P13. COPY OF THE CIRCULAR DATED 19.07.2006. EXT.P14. COPY OF CIRCULAR DATED 08.12.2009, THE FIRST RESPONDENT DIRECTED HEAD OF DEPATMENTS AND SECRETARIES. EXT.P15. COPY OF THE CIRCULAR DATED 4.2.2010 EXT.P16. COPY OF THE NOTIFICATION DATED 27.3.2010 PROMOTING SRI.K.N.CHANDRAN. EXT.P17. COPY OF THE REPRESENATION DATED 18.3.2010 SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P18. COPY OF THE REPRESENTATION DATED 8.4.2010, SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT. EXT.19. COPY OF THE REPRESENTATION DATED 10.6.2010 SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT. EXT.20. COPY OF THE REPRESENTATION DATED 25.6.2010, SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P21. COPY OF THE REPRESENTATION DATED 18.3.2010, SUBMITTED BY THE FIRST PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P22. COPY OF THE REPRESENTATION DATED 8.4..2010, SUBMITTED BY THE FIRST PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P23. COPY OF THE REPRESENTATION DATED 10.6.2010, SUBMITTED BY THE FIRST PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P24. COPY OF THE REPRESENTATION DATED 25.6.2010, SUBMITTED BY THE FIRST PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P25. COPY OF THE REPRESENTATION DATED 17.2.2010, SUBMITTED BY THE SECOND PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P26. COPY OF THE REPRESENTATION DATED 18.3.2010, SUBMITTED BY THE SECOND PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P27. COPY OF THE REPRESENTATION DATED 21.5.2010, SUBMITTED BY THE SECOND PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P28. COPY OF THE REPRESENTATION DATED 19.6.2010, SUBMITTED BY THE SECOND PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P29. COPY OF THE REPRESENTATION DATED 7.5.2010, SUBMITTED BY THE SECOND PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER. EXT.P30. COPY OF THE REPRESENTATION DATED 19.3.2010, SUBMITTED BY THE SECOND PETITIONER BEFORE THE HONOURABLE MINISTER FOR PRINTING. RESPONENTS EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE VK T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.23884 Of 2010-I ----------------------------------------------------- DATED THIS THE 3rd DAY OF DECEMBER, 2010 J U D G M E N T The petitioners have approached this Court mainly for a direction to the respondents to consider their claim for promotion to the post of Assistant Superintendent in Printing Department in the existing vacancies. The second prayer in the Writ Petition is to direct the respondents to take immediate necessary steps including convening of Departmental Promotion Committee Meeting or adhoc Departmental Promotion Committee Meeting for promoting the petitioners in the said posts. 2. The 1st petitioner is working as Head Reader in the Government Press, Mananthala, Thiruvananthapuram and the second petitioner is working as Head – Computer, Government Central Press, Thiruvananthapuram. It is claimed that both of them are eligible to be promoted as Assistant Superintendents. It is also pointed out that two existing vacancies are there. 3. Exhibit P2 is the order by which the first petitioner was promoted as Head Reader. Thereafter, final seniority list of Reading Section as on 1.5.2009 was published as per Exhibit P3 W.P.(C)No.23884/10 -2- proceedings. It appears that the first petitioner was not assigned eligible rank and seniority in Exhibit P3 and he was reverted as Senior Reader by Exhibit P4, which is under challenge in W.P.(C) No.34018/09 wherein an interim order has been passed also. The reversion of the first petitioner has been stayed. The additional 4th respondent therein one N.R.Mohanan challenged the interim order in Writ Appeal No.592/2010 and the interim order was not interfered with by this Court and the Writ Appeal was disposed of. Another Writ Appeal No.282/2010 filed by the said Mohanan aggrieved by the judgment in W.P.(C)No.27011/2003 is still pending. Therein by order on I.A.No.378/2010 in W.A.No.282/2010, it was clarified that the pendency of the Writ Appeal will not stand in the way of considering the petitioner for promotion, if he is eligible. It appears that there was a disciplinary proceedings against the first petitioner which resulted in only a minor punishment. 4. The petitioners have been included in the field of promotion to the post of Assistant Superintendent and Exhibit P11 is the list prepared by the 3rd respondent for consideration by the DPC. Exhibit P12 is the proforma wherein also they have W.P.(C)No.23884/10 -3- been included. When the select list was published as per Exhibit P16, the petitioners have not been included; but one K.N.Chandran who was also reverted along with the first petitioner has been included and has since been promoted as Assistant Superintendent. He is the Writ Petitioner in W.P.(C) No.35863/2009. According to the petitioners, two more vacancies are there and therefore the petitioners should have been included. Evidently, it is seen from the representation that two more vacancies have arisen from 1.4.2010. It is in this circumstances that they approached the 4th respondent who is the Convener of the DPC to take appropriate action and consider their claim for promotion. 5. Heard the learned Government Pleader appearing for the respondents. The learned Government Pleader submitted that as per the instructions, it is seen that the petitioners are eligible for promotion. 6. The matter will have to be considered by the 4th respondent, since it is submitted that existing vacancies in the cadre of Assistant Superintendents are remaining to be filled up. Therefore, there will be a direction to the 4th respondent to take W.P.(C)No.23884/10 -4- appropriate action as sought for by the petitioners,in their representations, by convening an adhoc DPC to consider the claim for promotion of the petitioners in the existing vacancies. Appropriate decision will be taken and communicated to the petitioners within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn