IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20848 of 2008(F) PETITIONER: --------------------- M.JALALUDEEN, S/O.MOHAMMED KUNJU, AGED 54 YEARS, 1ST GRADE DRAFTSMAN, BLOCK DEVELOPMENT OFFICE, KILIMANOOR, TRIVANDRUM DIST. BY ADV. SRI.V.A.MUHAMMED RESPONDENTS: ------------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE CHIEF ENGINEER (GENERAL ADMINISTRATION) PUBLIC WORKS DEPARTMENT (ROADS & BUILDINGS) TRIVANDRUM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.20848 of 2008 F ------------------------- Dated this the 10th day of July, 2008. JUDGMENT The petitioner is working as a First Grade Draftsman in the Public Works Department. He is to retire on 31.10.2008. He aspires for promotion to the post of Assistant Engineer. 2. Going by Ext.P1 seniority list of First Grade Draftsmen, the petitioner is rank No.114 therein. He submits that persons upto Rank No.107 have already been promoted. The petitioner submits, with reference to Ext.P2, that persons, who entered service along with him, have been promoted. The reason for delay in effecting regular promotion is apparently the absence of a select list. In such circumstances, Ext.P5 circular provides for provisional promotion. Referring to his impending retirement, the petitioner has invoked the benefit of Ext.P5 and has filed Ext.P6 representation before the Government. 3. I heard learned counsel for the petitioner and the learned Government Pleader. W.P.(C).NO.20848/08 :: 2 :: 4. Since the petitioner is due to retire on 31.10.2008, it is only appropriate that the petitioner's claim for provisional promotion is considered in the light of Ext.P5. 5. In the result, the writ petition is disposed of directing the 1st respondent to consider the petitioner's request for provisional promotion to the post of Assistant Engineer and pass orders on Ext.P6 in that regard, as early as possible, at any rate, on or before 31.8.2008. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge