A.Manikandan vs State Of Kerala
2021 Latest Caselaw 4994 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                      WP(C).No.21651 OF 2015(F)


PETITIONER:

               A.MANIKANDAN
               AGED 47 YEARS, DIVISIONAL ACCOUNTS OFFICER, PROJECT
               DIVISION, KERALA WATER AUTHORITY, MALAPPURAM.

               BY ADVS.
               SRI.K.S.ANIL
               SHRI.GOPIDAS E.N.

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               WATER RESOURCES (WS) DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        KERALA WATER AUTHORITY
               REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
               VELLAYAMBALAM, THIRUVANANTHAPURAM.

      3        CHIEF ENGINEER
               (HRD & GL) KERALA WATER AUTHORITY, JALABHAVAN,
               VELLAYAMBALAM, THIRUVANANTHAPURAM-695011.

      4        DEPARTMENTAL PROMOTION COMMITTEE
               (MINISTERIAL HIGHER), KERALA WATER AUTHORITY,
               REPRESENTED BY ITS CHAIRMAN, KERALA WATER AUTHORITY,
               THIRUVANANTHAPURAM-695 011.

               R1-2 BY SRI.MILLU DANDAPANI, SC, KERALA WATER
               AUTHORITY


               SRI.SUNIL KUMAR KURIAKOSE (GP)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21651 OF 2015                      2

                                     JUDGMENT

The petitioner says that he entered the

services of the Kerala Water Authority on

11/7/1988 and that at the time when this writ

petition was filed, he was working as a

Divisional Accounts Officer, in the Project

Division, Malappuram.

2. The petitioner says that the 3rd

respondent - Chief Engineer of the Water

Authority, published the provisional

Seniority List of Divisional Accounts

Officers, for consideration of promotion to

the post of Senior Superintendent/Revenue

Officer, in which category 27 vacancies were

available and that he was included as Rank

No.16 in the said list. He says that,

however, the 4th respondent - Departmental

Promotion Committee superseded the petitioner

for promotion on the basis of a minor adverse

remark in his confidential report, namely

Ext.P3; and asserts that this entry had been

illegally incorporated by the then Executive

Engineer, who, he alleges, had some personal

enmity with him.

3. The petitioner says that the

Departmental Promotion Committee had taken

this decision without considering Exts.P2 and

P4 confidential reports, wherein, there are

absolutely no adverse remarks against him and

therefore, he has been constrained to

approach this Court challenging Ext.P3

confidential report, as also the action of

respondents 2 and 4 denying him the

promotion.

4. Even though the afore assertions

have been made by the petitioner in this writ

petition, when this matter was called today,

his learned counsel Shri.K.S.Anil, submitted

that since, pending this lis, his client has

already been promoted as Senior

Superintendent/Revenue Officer and then as

Accounts Officer, he has preferred Ext.P15

representation before the Managing Director

of the Kerala Water Authority, seeking that

the provisional Seniority List of Senior

Accounts Officers/ Internal Auditors/

Administrative Officer/ Accounts Officers be

revised, by including him as Serial No.5

therein, considering the seniority in the

cadre of Junior Superintendent, so that he

can be then eligible for further promotions.

5. Shri.K.S.Anil submitted that his

client will be satisfied if the Managing

Director of the Kerala Water Authority is

directed to consider Ext.P15 within a time

frame to be fixed by this Court and that all

the other contentions be left open, so that

he can pursue, if it is so required in

future.

Taking note of the afore limited request

made by the petitioner, I deem it appropriate

to dispose of this writ petition and to

direct the Managing Director of the Kerala

Water Authority to take up Ext.P15

representation of the petitioner and to

dispose it of, after affording him and any

other Officers who may be affected by this

exercise, an opportunity of being heard -

either physically or through video

conferencing - thus culminating in an

appropriate order thereon, as expeditiously

as is possible, but not later than three

months from the date of receipt of a copy of

this judgment.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/16.2.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 EXT.P1- TRUE COPY OF THE PROVISIONAL SENIORITY LIST PUBLISHED BY THE 3RD RESPONDENT ON 7.5.2014.

EXHIBIT P2 EXT.P2- TRUE COPY OF THE CONFIDENTIAL REPORT FOR THE PERIOD FROM 1-1-2014 TO 2.6.2014

EXHIBIT P3 EXT.P3- TRUE COPY OF THE CONFIDENTIAL REPORT FOR THE PERIOD FROM 2.6.2014 TO 10.11.2014

EXHIBIT P4 EXT.P4- TRUE COPY OF THE CONFIDENTIAL REPORT FOR THE PERIOD FROM 10.11.2014 TO 31.12.2014

EXHIBIT P5 EXT.P5- TRUE COPY OF THE MINUTES OF THE COMMITTEE MEETING CONDUCTED BY THE 4TH RESPONDENT ON 30.4.2015

EXHIBIT P6 EXT.P6- TRUE COPY OF THE SELECT LIST TO BE PROMOTED DIVISIONAL ACCOUNTANT TO BE PROMOTED AS SENIOR SUPERINTENDENT/REVENUE OFFICER PUBLISHED ON 5.6.2015

EXHIBIT P7 EXT.P7- TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 8.6.2015

EXHIBIT P8 EXT.P8- TRUE COPY OF THE COMPLAINT LODGED BEFORE THE SUPERINTENDING ENGINEER ON 21.7.2014

EXHIBIT P9 EXT.P9-TRUE COPY OF THE COMPLAINT LODGED BEFORE THE 2ND RESPONDENT BY THE PETITIONER

EXHIBIT P10 EXT.P10- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P11 EXT.P11- TRUE COPY OF THE LATEST CONFIDENTIAL REPORT FOR THE PERIOD FROM 1.1.2015 TO 4.4.2015

EXHIBIT P12 EXT.P12- TRUE COPY OF THE CONFIDENTIAL REPORT FOR THE PERIOD FROM 5.4.2015 TO 20.6.2015

EXHIBIT P13 TRUE COPY OF THE ORDER DATED 4.11.2016

PROMOTING THE PETITIONER AS SENIOR SUPERINTENDENT.

EXHIBIT P14 TRUE COPY OF THE ORDER DATED 29.6.2018 PROMOTING THE PETITIONER AS ACCOUNTS OFFICER.

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 7.7.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.