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