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2025 DAILYLAW 8936 (KER)

DAVID Y v. STATE OF KERALA

WP(C)/44110/2024 · 2025-03-21

D K Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 44110 OF 2024 1 2025:KER:24555 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 WP(C) NO. 44110 OF 2024 PETITIONER: DAVID Y AGED 38 YEARS SON OF YESUDASAN, ASSISTANT EXECUTIVE ENGINEER, GREATER COCHIN DEVELOPMENT AUTHORITY, PB NO.2012, COCHIN., PERMANENTLY RESIDING AT ‘SHARON’, NORTH MYLAKKADU, KANNANALLOOR P.O., KOLLAM DISTRICT, PIN - 691576 BY ADVS. ANIL PRASAD C.N.SREEKUMAR SABU P.JOSEPH MANJU PAUL K.S.MUHAMMED SHEFIN BEYON T. VARGHESE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 GREATER COCHIN DEVELOPMENT AUTHORITY OFFICE OF THE GREATER COCHIN DEVELOPMENT AUTHORITY, KOCHI, REPRESENTED BY ITS SECRETARY, PIN - 682020 BY ADV Sreekala T.N THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 44110 OF 2024 2 2025:KER:24555 JUDGMENT The petitioner got selected and appointed to the post of Assistant Engineer as a result of selection held by the Kerala Public Service Commission (KPSC) with effect from 30.04.2012 in the Greater Cochin Development Authority (hereinafter referred to as ‘GCDA’). The petitioner’s and some other employees' cases for promotion to the post of Executive Engineer were considered in the Departmental Promotion Committee (DPC) of the GCDA in its meeting held on 11.07.2022, and the four Assistant Engineers were shortlisted for promotion. However, in the final selection only the petitioner and one Smt.S.Athira were selected. The GCDA sent the recommendation of the selection committee for promotion of the petitioner to the Government. However, the Government did not accord sanction for promotion of the petitioner to the post of Executive Engineer till 05.03.2025. 2. The GCDA has now been directed by the Government to grant provisional promotion to the petitioner on the post of Executive Engineer, and his final promotion would be subject to the recommendation of the DPC to be convened by the GCDA. WP(C) NO. 44110 OF 2024 3 2025:KER:24555 3. The learned counsel for the petitioner submits that the petitioner was already recommended by the DPC in its meeting dated 11.07.2022, and the petitioner’s name was recommended as serial No.1 beside one Smt.S.Athira for promotion to the post of Executive Engineer from the post of Assistant Engineer. He, therefore, submits that there is no requirement for any other DPC for promoting the petitioner to the post of Executive Engineer inasmuch as he was already recommended for promotion way back in the year 2022 by the DPC. 4. I have considered the submissions, and I find substance in the submission of the learned counsel for the petitioner. 5. The petitioner was already recommended by the DPC for promotion to the post of Executive Engineer way back in the year 2022. The Government kept the matter pending for granting approval for promotion of the petitioner all these years on the spacious ground that the staff pattern in GCDA was under review with the Government, and as soon as the Government has taken a decision on the staff pattern of the GCDA, approval for provisional promotion of the petitioner has been granted subject to convening the DPC for considering the case of the petitioner for promotion. WP(C) NO. 44110 OF 2024 4 2025:KER:24555 6. It is not in dispute that in reviewing the staff pattern in the GCDA, the Government had no reduced or added posts/vacancies as existing in the GCDA. In the year 2019, three posts of Executive Engineers were sanctioned. In the year 2022, there are only three posts of Executive Engineer have been approved. Even as per new staff pattern approved by the Government for the GCDA, three posts of Executive Engineer have been approved. Once the petitioner was already recommended by the DPC, this Court fails to understand that why the Government has directed for convening the DPC for the same purpose. 7. I am of the opinion that the petitioner should be given promotion on a regular basis with effect from the order dated 05.03.2025 on the post of Executive Engineer as there is no requirement for convening any DPC for a fresh consideration for promotion to the post of Executive Engineer in respect of the vacancies against which the petitioner was already recommended by the DPC in the year 2022. The petitioner’s promotion to the post of Executive Engineer is to be considered as a regular promotion with effect from 05.03.2025. WP(C) NO. 44110 OF 2024 5 2025:KER:24555 With the aforesaid directions, the present Writ Petition stands disposed of. SD/-D. K. SINGH JUDGE lsn WP(C) NO. 44110 OF 2024 6 2025:KER:24555 APPENDIX OF WP(C) 44110/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO. 5245/ESTA- 1/2017/GCDA DATED 13-03-2019 ISSUED BY THE 1ST RESPONDENT PROMOTING THE PETITIONER TO THE POST OF ASSISTANT EXECUTIVE ENGINEER Exhibit P2 TRUE COPY OF THE ORDER NO. 5245/ESTA- 1/2011/GCDA DATED 07-02-2020 ISSUED BY THE 2ND RESPONDENT DECLARING THE PROBATION OF THE PETITIONER Exhibit P3 TRUE COPY OF THE ORDER NO. 5245/EST.- 1/2011/GCDA DATED 18-01-2020 ISSUED BY 2ND RESPONDENT BY ASSIGNING THE ADDITIONAL CHARGE OF EXECUTIVE ENGINEER TO THE PETITIONER FOR A PERIOD FROM 16-01-2020 TO 01-02-2020 Exhibit P4 TRUE COPY OF THE ORDER NO. 5245/EST.- 1/2011/GCDA DATED 04-02-2020 ISSUED BY 2ND RESPONDENT BY EXTENDING THE ADDITIONAL CHARGE OF EXECUTIVE ENGINEER TO THE PETITIONER IS FOR A PERIOD OF 04-02-2020 TO 29-02-2020 Exhibit P5 TRUE COPY OF THE ORDER DATED 20-11-2021, NO.5753/G3/2020/GCDA ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE MINUTES OF THE DEPARTMENTAL PROMOTION COMMITTEE (TECHNICAL) HELD ON 11- 07-2022 Exhibit P7 TRUE COPY OF THE G.O (RT.) NO. 2222/2023/LSGD DATED 09-11-2023 Exhibit P1(a) True English Translation of the Exhibit P1 Exhibit P8 TRUE COPY OF THE ORDER DATED 04-05-2024, NO. E2/379/2013/GCDA ISSUED BY 2ND RESPONDENT ASSIGNING THE DUTIES OF ENGINEER, INCLUDING THE PETITIONER Exhibit P2(a) True English Translation of the Exhibit P2 Exhibit P3(a) True English Translation of the Exhibit P3 WP(C) NO. 44110 OF 2024 7 2025:KER:24555 Exhibit P4(a) True English Translation of the Exhibit P4 Exhibit P5(a) True English Translation of the Exhibit P5 Exhibit P7(a) True English Translation of the Exhibit P7 Exhibit P8(a) True English Translation of the Exhibit P8 Annexure A A true copy of the letter No. 5245/Esttl/2017 /GCDA, dated 30.01.2025 from the 2nd respondent addressed to the 1st respondent Annexure B True copy of letter No. 5245/Estt.1/2017 /GCDA, dated 30.01.2025, from the 2nd respondent addressed to the petitioner RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE MINUTES OF THE DEPARTMENTAL PROMOTION COMMITTEE HELD ON 11.07.2022. EXHIBIT R1(b) TRUE COPY OF THE GOVERNMENT ORDER , GO(Ms)No.28/2025/LSGD DATED 11.02.2025.(TRANSLATED COPY ENCLOSED) EXHIBIT R1(c) TRUE COPY OF THE GOVERNMENT ORDER , GO(Ms)No.27/2018/LSGD DATED 25.02.2018.(TRANSLATED COPY ENCLOSED)