IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 31076 of 2009(D) -------------------------- PETITIONER(S): --------------- K. BALAKRISHNAN, WORKING AS IST GRADE DRAFTSMAN/ OVERSEER, LSGD SECTION, PERINGOTTUKURIZHI (H/Q),. KUTHANNUR, PALAKKAD DIST. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, LOCAL SELF GOVT. (EPA), DEPT., THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, LOCAL SELF GOVT. DEPT., THIRUVANANTHAPURAM. 3. THE CONVENOR, DEPT. PROMOTION COMMITTEE (LOWER), LOCAL SELF GOVT. DEPT., THIRUVANANTHAPURAM. 4. SMT. ABIDA BEEGOM, UNDER ORDER OF PROMOTION AS ASSISTANT ENGINEER, KOCHI CORPORATION. 5. SRI. SASIDHARAN NAIR V, UNDER ORDER OF PROMOTION AS ASSISTANT ENGINEER, THRISSUR CORPORATION. 6. SMT. SANTHA T.V.,. UNDER ORDER OF PROMOTION AS ASSISTANT ENGINEER, KOZHIKODE CORPORATION. WPC NO.31076/2009 7. SRI. UMMER K. UNDER ORDER OF PROMOTION AS ASSISTANT ENGINEER, KEEZHUPARAMBA/ AREEKODE GP, UNDER AREEKODE BP IN MALAPPURAM. 8. SMT. SASI KALA K.S., UNDER ORDER OF PROMOTION AS ASSISTANT ENGINEER, KUZHALAMANDAM GP, UNDER KUZHALMANDAM BP IN PALAKKAD. 9. SMT. AMRUTHA L, UNDER ORDER OF PROMOTION AS ASSISTANT ENGINEER, THRIPPANKODE GP UNDER THIRUR BP IN MALAPPURAM. 10. SMT. VIJAYAKUMARI AMMA M.G., UNDER ORDER OF PROMOTION AS ASSISTANT ENGINEER, VALLIKKUNNU GP, UNDER THIRURANGADI BP IN MALAPPURAM. 11. SRI. PRAKASAN R, UNDER ORDER OF PROMOTION AS ASSISTANT ENGINEER, PEELIKODE/PADANNA GP UNDER NEELESWARAM BP IN KASARGOD. 12. SRI. SALIHAN C.A., UNDER ORDER OF PROMOTION AS ASSISTANT ENGINEER, VETTATHOOR/MELATTOOR GP UNDER PERINTHALMANNA BP IN MALAPPURAM. 13. SMT.SUJA KUMARI S, UNDER ORDER OF PROMOTION AS ASSISTANT ENGINEER, MULANKUNNATHUKAVU/THOLOOR GP, UNDER PUZHAKKAL BP IN THRISSUR. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.31076 of 2009 --------------------------------- Dated, this the 2nd day of November, 2009 J U D G M E N T The petitioner claims promotion as Assistant Engineer in Local Self Government Engineering Service. According to the petitioner, the DPC (lower) prepared Ext.P3 select list on 16/10/2009 excluding him, and including his juniors, namely, respondents 4 to 13. This, according to the petitioner, was on the basis that a vigilance case was pending against him. 2. It is stated that the vigilance case relied on is against another employee by name Mr. K.Balakrishnan, and that he is not involved in the said case. Urging this complaint and requesting that an adhoc DPC should be convened, he has filed Exts.P4 to P6 representations before the 2nd respondent. Even on these representations, a decision has not been taken by the respondents. It is with this complaint, this writ petition is filed. 3. Having regard to the nature of the defence, and the pendency of the representations referred to above, I feel, at this WP(C) No.31076/2009 -2- stage, it is only appropriate that the 2nd respondent should consider the representations. Therefore, I dispose of this writ petition directing the 2nd respondent to consider and pass orders on Exts.P4 to P6 representations. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment, along with a copy of this writ petition. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg