HARIS A.M. v. DR.K.P.SUDHEER

Heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

It is true that this Court had found in paragraph 24 of the judgment that as the Departmental Promotion Committee was convened to assess the merit and suitability of the candidates for promotion as Environmental Engineer against the vacancies arose in the month of May, 2021, as the petitioner was not under any disciplinary proceedings at that point of time, his candidature also ought to have been considered by the Departmental Promotion Committee. After observing so, this Court allowed the writ petition to the extent of setting aside Ext.P10 in so far as it is applicable to the petitioner and directing that the Departmental Promotion Committee shall convene a meeting for assessing the suitability of the petitioner Con. Case(C) No.2471 of 2023 7 for promotion against the vacancies arose on 31.05.2021. This Court has not given a consequential direction to promote the petitioner.

In view of the above, I find that there is substantial compliance of the directions contained in the judgment in W.P.(C) No.28143 of 2022. If the petitioner is aggrieved by the omission to promote him, the petitioner will have to take up the issue through appropriate proceedings. The Contempt of Court Case is therefore dismissed. Sd/- N.NAGARESH JUDGE Con. Case(C) No.2471 of 2023 8 APPENDIX OF CON.CASE(C) 2471/2023 PETITIONER ANNEXURES Annexure 1 A CERTIFIED COPY OF THE JUDGMENT DATED 09/03/2023 IN W.P(C) NO.28143/2022 OF THIS HON'BLE COURT RESPONDENT ANNEXURES ANNEXURE R2(A) TRUE COPY OF THE MINUTES OF THE MEETING OF THE DPC OF THE POLLUTION CONTROL BOARD HELD ON 16-5-2023 AT 3 PM.