IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 7306 of 2010(K) ------------------------- PETITIONER(S): --------------- BABU THEKKAN, REGIONAL JOINT DIRECTOR OF SURVEY, (UNDER SUSPENSION), OFFICE OF THE SURVEY AND LAND RECORDS, COLLECTORATE, THIRUVANANTHAPURAM. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SURVEY AND LAND RECORDS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. 3. DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR DEPARTMENT OF SURVEY AND LAND RECORDS REPRESENTED BY ITS CONVENER, DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. BY SRI ANTONY MUKKATH, GOVERNMENT PLEADER, R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 7306 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2010 J U D G M E N T The petitioner is presently working as Joint Director of Survey. In contemplation of the disciplinary proceedings he was placed under suspension as per Ext.P6 dated 13.1.2010. The apprehension of the petitioner is that on account of the contemplation of disciplinary proceedings, he would not be considered for promotion to the post of Additional Director of Survey. According to the petitioner, he is the senior most in the cadre of Joint Director of Survey which is the feeder category for promotion to the post of Additional Director of Survey and that he is fully qualified for such promotion. It is the settled position that contemplation or consideration of disciplinary proceedings cannot stand in the way of consideration for promotion. Even if proceedings are initiated against the petitioner the claim of the petitioner has to be considered in the light of the provisions under Rule 28 of Part- II of the Kerala State and Subordinate Services Rules, 1958. The respondents are, therefore, directed to consider the claim of the petitioner for promotion to the post of Additional Director in terms of the provisions under Rule 28 of Part II of WPC.7306 of 2010 : 2 : Kerala State and Subordinate services Rules, 1958 at the time of preparation of select list for promotion to the post of Additional Director of Survey provided the petitioner is fully qualified for such promotion and entitled to be included in the zone of consideration. This writ petition is disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge