Kerala High Court
Manaswi C. M vs State Of Kerala on 6 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:67966
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 7385 OF 2024
PETITIONER:
MANASWI C. M
AGED 34 YEARS
S/O C.K MURALEEDHARAN,
ASSISTANT ENGINEER,
O/O EXECUTIVE ENGINEER,
PROJECT DIVISION, NATTIKA,
KERALA WATER AUTHORITY, THRISSUR-680566
RESIDING AT CHULLIPARAMBIL (H)
PARALAM P.O VENGINISSERY,
THRISSUR, PIN - 680563
BY ADVS.
S.PRASANTH (AYYAPPANKAVU)
VARSHA BHASKAR
ANUPAMA SIBI
MALAVIKA K.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
WATER RESOURCES DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695039
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WP(C) NO.7385 of 2024
2
2 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
3 THE MANAGING DIRECTOR
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
4 DEPARTMENTAL PROMOTION COMMITTEE
REPRESENTED BY ITS CONVENOR,
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
5 DY. CHIEF ENGINEER (VIGILANCE)
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
6 CHIEF ENGINEER (HRD & GL)
KERALA WATER AUTHORITY JALABHAVAN
THIRUVANANTHAPURAM, PIN - 695033
BY ADVS. SRI.DHEERAJ, GOVERNMENT PLEADER
SRI.GEORGIE JOHNY, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO.7385 of 2024
3
JUDGMENT
Dated this the 6th day of September, 2024
The petitioner is working as Assistant Engineer in the
Kerala Water Authority. The petitioner states that, the
Departmental Promotion Committee (Technical-Lower)
published Ext.P2 Select List of Assistant Engineers to be
promoted to the post of Assistant Executive Engineers and
the petitioner was included at Serial No.24. In Ext.P7 Revised
Select List of Assistant Engineers to be promoted to the post
of Assistant Executive Engineer for the year 2023 (under
Degree Quota) as approved by the Government and as
prepared by the Adhoc Departmental Promotion Committee,
the name of the petitioner was included at Serial No.24.
However, the petitioner was not considered for promotion on
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the ground of pendency of disciplinary proceedings against
him. By Ext.P8 order, even the juniors of the petitioner were
promoted to the post of Assistant Executive Engineer. The
petitioner states that the person included at Serial No.43 in
Ext.P8, who is the immediate junior to the petitioner, has been
promoted as Assistant Executive Engineer on 20.02.2024.
2. The petitioner states that the disciplinary
proceedings initiated against him has been concluded by
Ext.P9 Government Order dropping all the charges levelled
against him. Accordingly, the petitioner prays that he may be
promoted to the post of Assistant Executive Engineer
pursuant to his inclusion in Ext.P7 list from the date on which
his immediate junior has been promoted to the post of
Assistant Executive Engineer.
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3. At the time of admission of the writ petition
on 27.02.2024, this Court passed an interim order to keep one
post of Assistant Executive Engineer / Deputy Executive
Engineer vacant under the Kerala Water Authority. When the
writ petition came up for further consideration on 07.08.2024,
this Court recorded the submission of the Standing Counsel
for the Kerala Water Authority that the petitioner can be
promoted to the post of Assistant Executive Engineer / Deputy
Executive Engineer after receiving formal orders regarding the
disciplinary proceedings from the Government.
4. Since the Government have passed Ext.P9
order dropping all proceedings against the petitioner, there will
be a direction to respondents 3 and 6 to promote the
petitioner to the post of Assistant Executive Engineer / Deputy
Executive Engineer pursuant to his inclusion in Ext.P7, with
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effect from the date on which the person included at Serial
No.43 in Ext.P8, his immediate junior in the select list is
promoted to the said post. This shall be done within a period
of one month from the date of receipt of a copy of this
judgment.
The writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
spk
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APPENDIX OF WP(C) 7385/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FINAL SENIORITY LIST
OF ASSISTANT ENGINEERS - DEGREE QUOTA
(DIRECT, DEPARTMENTAL AND PROMOTEE) AS
ON 20.04.2022 PUBLISHED AS PER
PROCEEDINGS NO.1923/E4(A)/2016/KWA (I)
DATED 20.04.2022.ISSUED BY 6TH
RESPONDENT
Exhibit P2 TRUE COPY OF NOTIFICATION NO. NO.
KWA/HO/ESTT/DPCAE-AEE/E2A-29000/2022
DATED 14-02-2023 ISSUED BY THE 4TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE MEMO OF CHARGES AND
STATEMENT OF ALLEGATIONS NO. WS-
B2/94/2022-WRD DATED 28.03.2023 ISSUED
BY THE 1ST RESPONDENT AGAINST THE
PETITIONER
Exhibit P4 TRUE COPY OF THE STATEMENT OF DEFENCE
DATED 15-05-2023 SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
29.11.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE REPORT NO E1-
3014/2016 DATED 01.01.2024 SET BY THE
EXECUTIVE ENGINEER, P.H DIVISION,
THRISSUR TO THE 5TH RESPONDENT
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Exhibit P7 TRUE COPY OF THE NOTIFICATION NO
KWA/HO/ESTT/DPCAE-AEE/E24-29000/2022
DATED 11.02.2024 ISSUED BY THE 4TH
RESPONDENT
Exhibit P8 TRUE COPY OF THE ORDER NO
3568/E2(A)/2020/KWA DATED 20.02.2024
ISSUED BY THE 6TH RESPONDENT
Exhibit P9 TRUE COPY OF THE G.O.(ORD) NO.
633/2024/WRD DATED 17.08.2024 ISSUED
BY THE 1ST RESPONDENT
