Shanty Joseph vs Kerala Water Authority
2024 Latest Caselaw 30498 Ker

Kerala High Court

Shanty Joseph vs Kerala Water Authority on 25 October, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                                       2024:KER:79858
                                   1
WP(C) NO. 23684 OF 2024




                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

     FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                        WP(C) NO. 23684 OF 2024

PETITIONER/S:

          SHANTY JOSEPH
          AGED 43 YEARS
          S/O. P.M. JOSEPH PALLIPARAMBIL HOUSE, NALLANIKUNNU
          ELAVUNTHITTA PATHANAMTHITTA 689 625 WORKING AS
          ASSISTANT ENGINEER, P.H. SECTION KERALA WATER
          AUTHORITY, KADUTHURUTY KOTTAYAM, PIN - 686604


          BY ADVS.
          ARAVINDA KUMAR BABU T.K.
          SANDRA SUNNY
          ARUN KUMAR M.A
          FARAH JYOTHI PRADEEP


RESPONDENTS:

    1     KERALA WATER AUTHORITY
          REPRESENTED BY ITS MANAGING DIRECTOR JALA BHAVAN,
          VELLAYAMBALAM THIRUVANANTHAPURAM, PIN - 695033

    2     THE MANAGING DIRECTOR
          KERALA WATER AUTHORITY JALA BHAVAN, VELLAYAMBALAM
          THIRUVANANTHAPURAM, PIN - 695033

    3     THE CHIEF ENGINEER (HRD & GL)
          KERALA WATER AUTHORITY JALA BHAVAN, VELLAYAMBALAM
          THIRUVANANTHAPURAM, PIN - 695033
                                                     2024:KER:79858
                                2
WP(C) NO. 23684 OF 2024


          BY ADV P.M.JOHNY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                       2024:KER:79858
                                   3
WP(C) NO. 23684 OF 2024




                            JUDGMENT

The petitioner is working as Assistant Engineer

in the Kerala Water Authority. He is included in

Ext.P1 seniority list dated 20.04.2022 as rank No.57.

The grievance of the petitioner is that he is not so

far promoted to the post of Assistant Executive

Engineer based on a minor penalty proceedings

which culminated in Ext.P5 order dated 17.06.2024

of barring of one increment for six months.

When the writ petition came up for

consideration on 30.08.2024, the learned Standing

Counsel for the Kerala Water Authority submitted

that the case of the petitioner was placed before the

Departmental Promotion Committee (Lower)

convened on 01.08.2024. The petitioner states that

though his case was placed before the Departmental 2024:KER:79858

WP(C) NO. 23684 OF 2024

Promotion Committee (Lower), he has been

superseded in the matter of promotion. The

petitioner seeks liberty to challenge the

order/proceedings.

With the said liberty, the writ petition is closed.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.

2024:KER:79858

WP(C) NO. 23684 OF 2024

APPENDIX OF WP(C) 23684/2024

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS NO 1923/E4(A)/2016/KWA(I) PUBLISHED BY THE 3RD RESPONDENT DATED 20.04.2022

EXHIBIT P2 THE TRUE COPY OF NOTIFICATION BEARING NO KWA/HO/ESTT/DPCAE-AEE/E2A-29000/2022 DATED 11.02.2024

EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS NO 3568/E2(A)/2020/KWA ISSUED BY THE 3RD RESPONDENT DATED 20.02.2024

EXHIBIT P4 THE TRUE COPY OF THE DRAFT MINUTES OF THE MEETING ON 08.02.2024 DATED 13.02.2024

EXHIBIT P5 THE TRUE COPY OF THE PROCEEDINGS BEARING NO KWA-JB/1469/2024-LDC (VIGILANCE) ISSUED BY THE 3RD RESPONDENT DATED 17.06.2024

EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 21.06.2024