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IN THE KERALA ADMINISTRATIVE TRIBUNAL AT

THIRUVANANTHAPURAM
Present:
The Hon'ble Mr. Justice T.R. Ramachandran Nair, Chairman
&
The Hon'ble Mr. V. Somasundaran, Member

Dated this the 7th of March 2O19

OA-479/2O19

Applicant(s):

Jose Mathew, S/o. Late K. V. Mathew, aged 54 years.,,Executive

Engineer, Office of the Chief Engineer, Harbour Engineering Department,
Kamaleswaram, Manacaud . P.O., Thiruvananthapuram - 695009,Residing
at Chalukkattu House, Anakkallu. P.O, Kanjirappally,Kottayam,Kerala -
686508
Mobile - 9497295061

By Advs. VAZHUTHACAUD R NARENDRAN NAIR , ANIL KUMAR

R , BIJU KUMAR S & PADMAKUMAR L S

Respondent(s):

1) The State of Kerala, represented by the Additional Cheif Secretary to

Government,Fisheries and Ports Department, And Convener, Departmental
Promotion Committee (Higher),Government Secretariat, Thiruvananthapuram,
Kerala -695001

2) The Chief Engineer, Harbour Engineering Department, Kamaleswaram,

Manacad. P.O.,,Thiruvananthapuram, Kerala -695009

GOVERNMENT PLEADER [RAHUL M]

This Original Application having been finally heard on 7th of

March 2O19, the Tribunal on the same day passed the following:
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T.R. Ramachandran Nair, Chairman &

V. Somasundaran, Member
-------------------------------
O.A 479 of 2019
-------------------------------
Dated this, the 7th day of March, 2019

Order

T.R. Ramachandran Nair, Chairman

The applicant in this O.A who is presently working as Executive Engineer

is aggrieved by the non inclusion in the select list preferred for promotion
to the post of Superintending Engineer. Annexure A1 is the copy of the
notification by which the select list has been published.

2. The applicant has produced as Annexure A2, the true copy of the
minutes of the DPC (H) wherein the reason stated for supersession of the
applicant is that two FIRs were registered against the applicant and are
pending investigation.

3. In fact, the applicant has been included as Sl. No. 1 in the field of choice
for preparation of the select list as evident from Annexure A3.

4. The learned counsel for the applicant submits that the registration of two
FIRs cannot be a reason to supersede the applicant and he relied upon
Note to Rule 28(b)(i) 7 of Part II KS&SSR. It is submitted that merely
because the vigilance investigation is pending that cannot be a reason for
non inclusion. So far no final report has been submitted.

5. The applicant has submitted a statutory representation before the

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Convener of the DPC (H) under Rule 28(b) (8) (a) by Annexure A4.The
learned counsel for the applicant submits that his supersession is totally
illegal and there may be a direction to convene a review DPC for taking a
decision on the review petition. It is also submitted that the applicant has
got only one year service before retirement.

6. We heard the learned Government Pleader for the respondents. One of

the aspects pointed out by the learned counsel for the applicant is that the
legal issue in this aspect is covered in favour of the applicant by the
judgment of the Hon'ble High Court in Annexure A5. This is a matter for
the DPC to consider.

7. Annexure A4 is stated to be the advance copy of the representation.

The O.A is disposed of, with a direction to the first respondent to cause
disposal of Annexure A4 representation by convening a meeting of the
review DPC as expeditiously as possible, at any rate, within a period of
two months, from the date of production of the certified copy of this

order which will be produced by the applicant along with a copy of this
O.A.

Sd/- T.R. Ramachandran Nair, Chairman

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Sd/- V. Somasundaran, Member

vp

/True copy

      Deputy Registrar (Judicial)

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APPENDIX

OA-479/2O19

APPLICANT'S ANNEXURES:

True copy of the GO (P) No.5/2019/F&PD date 17.02.2019 of

Annexure A1-
the Fisheries and Ports Department .

True copy of the Minutes of Meeting of the Departmental

Annexure A2- Promotion Committee (Higher) of the Harbour Engineering
Department held on 08.02.2019.

True copy of D.O Letter No.HECE/343/2018-B4 dated

22.12.2018 with details of Officers included in the field of
Annexure A3-
choice for preparation of Select List of Superintending
Engineers for 2019.

True copy of Review Petition dated 05.03.2019 to the 1st

Annexure A4-
respondent.

True copy of Judgement dated 01.09.2008 of the Hon;ble

Annexure A5-
High Court of Kerala in W.P. (C) 23777/2006.