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Judgment
P. Sam Koshy, J
Claim of the petitioner in the present writ petition is for a direction to the respondents to get one post vacant of Assistant Engineer (SC) under the
department in which the petitioner is working.
The petitioner has been punished vide the order of punishment dated 22.6.2018, Annexure P-5, and the punishment was for stoppage of two
increments without cumulative effect.
The petitioner has preferred an appeal against the said order and the appeal is till date pending consideration before the authorities concerned.
According to the petitioner, meanwhile, the respondents are initiating some promotional process for filling up of the post of Assistant Engineer and
the petitioner also but for the order of punishment was eligible for the promotion in the reserved Scheduled Caste category.
The only limited prayer which the petitioner has made is that, pending the appeal, the respondents may keep one post vacant of Assistant Engineer
(SC) in the promotion process which they intend to initiate.
The said contention and request is not opposed by the State Counsel.
Considering the entire facts and circumstances of the case and also taking note of the fact that the petitioner has already preferred an appeal
before the appellate authority, it is expected that the appellate authority shall take a decision at the earliest.
Meanwhile, in case of any promotional process which is initiated for filling up of the post of Assistant Engineer (SC), the authorities concerned shall
ensure that one post is kept vacant for the petitioner to be considered against the said vacant post, subject to the outcome of the appeal.
The writ petition stands allowed and disposed of accordingly.