IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 26593 of 2008(N) --------------------------------------- PETITIONER(S): ------------------------ K.GEETHAKUMARI, EMPLOYMENT OFFICER (S.E.) DISTRICT EMPLOYMENT EXCHANGE, KOLLAM. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF EMPLOYMENT, THIRUVANANTHAPURAM. 3. THE CONVENER, DEPARTMENTAL PROMOTION COMMITTEE AND DIRECTOR OF EMPLOYMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR 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.26593/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROCEEDINGS DT. 5.10.05 WITH EXTRACT OF THE SENIORITY LIT OF EMPLOYMENT OFFICERS. P2:- COPY OF THE CHARGE MEMO DT. 4.7.08 ISSUED TO THE PETITIONER. P3:- COPY OF THE EXPLANATION DT. 30.7.08 SUBMITTED BY THE PETITIONER. P4:- COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER BEFORE STATE VOCATIONAL GUIDANCE OFFICER. P5:- COPY OF THE NOTICE DT. 15.1.08 ISSUED TO THE PETITIONER. P6:- COPY OF THE NOTICE DT. 15.3.08 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P7:- COPY OF THE REPRESENTATION DT. 13.8.08 TO THE 2ND RESPONDENT. P8:- COPY OF THE G.O.(P) NO.145/08/LBR DT. 22.10.08. P9:- COPY OF THE ORDER NO.L.2/34784/06/DE. DT. 20.9.08 OF THE 2ND RESPONDENT. P10:- COPY OF THE REPRESENTATION DT. 29.10.08 SUBMITTED TO THE IST RESPONDENT. P11:- COPY OF THE REPRESENTATION DT. 29.10.08 SUBMITTED TO THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 26593 of 2008 ----------------------------- Dated this 10th day of November, 2008 J U D G M E N T Heard Sri.N.Sugathan, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Employment Officer in the National Employment Service (Kerala) Department. Her grievance is that she was superseded by the Departmental Promotion Committee that met on 30-7-2008 to select Employment Officers eligible for promotion to the category of District Employment Officer, for the year 2008 on the ground that a disciplinary proceeding initiated against her was pending. Ext.P8 is the select list published in the official gazette dated 23-10-2008. According to the petitioner, based on her seniority she ought to have been ranked above Smt.Sherly George, Serial No.2 in Ext.P8 select list. The petitioner submits that after Ext.P8 select list was prepared by the Departmental Promotion Committee on 30-7-2008 and before it was published in the official gazette dated 23-10-2008, the disciplinary proceedings were dropped with a warning as per Ext.P9 order dated 20-9-2008. The petitioner further submits that in Ext.P10 representation W.P.(C) NO: 26593 of 2008 2 dated 29-10-2008 addressed to the first respondent and Ext.P11 representation dated 29-10-2008 addressed to the Director of Employment she has pointed out the fact that the disciplinary proceedings initiated against her has been dropped and that she has been let off with a warning. The petitioner submits that since Ext.P10 and Ext.P11 representations were submitted immediately after Ext.P8 select list was published in the official gazette, they have to be treated as representations filed under Rule 28(b)(i)(8) of Part II of the Kerala State and Subordinate Services Rules and disposed of in terms of said provision. 3. Sri.Sugathan, the learned counsel appearing for the petitioner submits that as the petitioner has already moved the Convenor of the Departmental Promotion Committee by submitting Ext.P10 representation within the period stipulated in the rules, the said authority is bound to consider the same and pass orders thereon, if necessary, after affording the petitioner, an opportunity of being heard for the purpose of seeking any clarification. The learned counsel appearing for the petitioner also submits that 11 vacancies of Employment Officers exist. Ext.P10 representation is admittedly one filed within time after Ext.P8 select list was published in the official gazette. The W.P.(C) NO: 26593 of 2008 3 respondents are therefore, bound to consider the same and take a decision thereon in the manner prescribed in Rule 28(b)(i)(8) of Kerala State and Subordinate Services Rules. Ext.P9 also discloses that the disciplinary proceedings initiated against the petitioner have been dropped and she has been let off with a warning. In such circumstances, I dispose the writ petition with a direction to the respondents to consider the request made by the petitioner in Exts.P10 and P11 representations in the light of Ext.P9 order and take a decision thereon, in terms of Rule 28(b)(i)(8) of Kerala State and Subordinate Services Rules. Final orders on Exts.P10 and P11 shall be passed within three months from the date of receipt of a copy of this judgment. P.N.RAVINDRAN, JUDGE