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Prakash Chandran.R vs The Managing Director & Convener, ...
2024 Latest Caselaw 32689 Ker

Citation : 2024 Latest Caselaw 32689 Ker
Judgement Date : 12 November, 2024

Kerala High Court

Prakash Chandran.R vs The Managing Director & Convener, ... on 12 November, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                              2024:KER:84072



        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

   THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

 TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA,

                           1946

                  WP(C) NO. 39800 OF 2024


PETITIONER/S:

         PRAKASH CHANDRAN.R
         AGED 53 YEARS
         ASSISTANT ENGINEER, WATER SUPPLY SECTION -2,
         KERALA WATER AUTHORITY SUB DIVISION,
         THRIPPUNITHURA., PIN - 682020


         BY ADV P.C.SASIDHARAN


RESPONDENTS:

    1    THE MANAGING DIRECTOR & CONVENER,
         DEPARTMENTAL PROMOTION COMMITTEE
         (TECHNICAL LOWER), KERALA WATER AUTHORITY,
         JALABHAVAN, VELLAYAMBALAM, TRIVANDRUM, PIN -
         695033

    2    THE KERALA WATER AUTHORITY
         REPRESENTED BY ITS MANAGING DIRECTOR,
         JALABHAVAN, VELLAYAMBALAM, TRIVANDRUM, PIN -
         695033

    3    THE CHIEF ENGINEER (HRD & GL)
         KERALA WATER AUTHORITY, JALABHAVAN,
         VELLAYAMBALAM, TRIVANDRUM, PIN - 695033


  THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                   2

W.P.(c) No.39800/2024
                                                     2024:KER:84072




                         JUDGMENT

The petitioner is working as Assistant

Engineer in the Kerala Water Authority (for short,

'KWA'). He states that in the seniority list of

Assistant Engineers published by the KWA as on

31.03.2024, he is included as Sl.No.18 in the

Diploma Quota. According to the petitioner, he is

eligible and entitled for promotion to the post of

Assistant Executive Engineer under Diploma Quota

in terms of the Special Rules governing the service

in the KWA. The petitioner further states that in

Ext.P2 select list published by the Departmental

Promotion Committee (Technical Lower) which met

on 01.08.2024 for promotion to the post of

Assistant Executive Engineer, his name was not

2024:KER:84072

included. However, the persons who are juniors

to the petitioner in the seniority list have been

included in Ext.P2. The petitioner has preferred

Ext.P3 representation before the 1 st respondent in

terms of Rule 28(8)(a) of Part II of KS&SSR

requesting for a revision of Ext.P2 Select List. The

limited prayer of the petitioner is for consideration

of Ext.P3 representation.

2. Heard the learned counsel for the petitioner

and the learned Standing Counsel for the Kerala

Water Authority.

Since Ext.P3 being a statutory representation

filed in terms of Rule 28(8)(a) of Part II of

KS&SSR, there will be a direction to the 1 st

respondent to consider the same, after affording

an opportunity of personal hearing to the petitioner

and in accordance with law, as expeditiously as

2024:KER:84072

possible, at any rate, within a period of one month

from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.

2024:KER:84072

APPENDIX OF WP(C) 39800/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER DATED 15/12/2023 ISSUED BY THE CHIEF ENGINEER, CENTRAL ZONE, KOCHI DECLARING THE PROBATION OF THE PETITIONER

Exhibit P2 THE TRUE COPY OF THE SELECT LIST FOR 2024 PUBLISHED AS PER NOTIFICATION DATED 6/9/2024

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 11/9/2024 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 14/10/2024

 
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