IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 3178 of 2011(V) --------------------------------------- PETITIONER(S): ------------------------ JOSEN M.ALEX, EXECUTIVE ENGINEER (CIVIL) GIS & IT, OFFICE OF THE CHIEF ENGINEER ROADS & BRIDGES & INFORMATION TECHNOLOGY PWD, THIRUVANANTHAPURAM. BY ADV. SRI.C.E.UNNIKRISHNAN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE CHIEF ENGINEER (ADMINISTATION), PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE DEPARTMENTAL PROMOTION COMMITTEE FOR THE POST OF SUPERINTENDING ENGINEER, PWD, REPRESENTED BY ITS CONVENOR & PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT-695 001. BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 3178 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2011 J U D G M E N T Although the petitioner has completed the period of probation in the cadre of Executive Engineer in the Public Works Department of the Government of Kerala on 18.01.2008, the petitioner's probation was not declared and he was not considered for further promotion on the ground that a vigilance enquiry is pending against the petitioner. The petitioner now submits that, the petitioner's probation was declared to have been successfully completed with effect from 19.01.2008 by order dated 11.02.2011. If that be so, I am of opinion that the petitioner's case should be considered by the Departmental Promotion Committee in the matter of inclusion in the select list in accordance with the procedure prescribed in Rule 28 (b) (i) (7) of the Kerala State and Subordinate Service Rules. Accordingly the writ petition is disposed of with a direction to the 3rd respondent to consider the case of the petitioner for inclusion in the W.P.(C)No. 3178 of 2011 -2- select list for the post of Superintending Engineer in its next meeting in accordance with Rule 28 (b) (i) (7) of the Kerala State and Subordinate Service Rules. Needless to say this is subject to the condition that the petitioner's probation has already been declared. Sd/- S. SIRI JAGAN JUDGE (Issue certified copy today itself) //True copy// P.A. TO JUDGE shg/