IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 2850 of 2008(L) ------------------------- PETITIONER: ------------------- K.YASODHARAN, DEPUTY SUPERINTENDENT OF POLICE (M.T) POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. (THE CONVENOR DEPARTMENTAL PROMOTION COMMITTEE). 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.2850 of 2008 ------------------------- Dated this the 11th day of February, 2008. JUDGMENT I heard learned counsel for the petitioner Mr.Sasikumar and the learned Government Pleader as well. 2. The petitioner is presently working as Deputy Superintendent of Police (Motor Transport) and posted in the Police Headquarters in Thiruvananthapuram. The petitioner was promoted as Deputy Superintendent of Police on a provisional basis, along with one Sri.Jacob Chacko on 1.9.2004. When there was delay in preparing the select list of Deputy Superintendent of Police, the petitioner and another approached this court with a writ petition and there was direction to consider their claim. Thereafter a reply was received by the petitioner stating that steps for amending the Special Rules for the service was in progress and therefore, the question of declaring the probation of the eligible W.P.(C).NO.2850/08 :: 2 :: candidates will be taken only after the amendment of the Special Rules. The Special Rules have been amended by Ext.P6. But nevertheless, though the Departmental Promotion Committee was convened on more than one occasion, it was being adjourned. Hence the writ petition, to see that the Departmental Promotion Committee is convened and eligible persons are considered and consequently, a select list is prepared on the basis of the recommendations of the Departmental Promotion Committee. 3. A statement has been filed by the respondents, essentially raising two aspects at this stage. It was firstly contended that in a writ petition filed by one Sri.P.A.Anand, who is senior to the petitioner in the post of Deputy Superintendent of Police, this court had issued an interim order in W.P.(C)No.1186/06 directing the respondents that the regularisation and declaration of probation of the juniors of the petitioner therein will be subject to the result W.P.(C).NO.2850/08 :: 3 :: of that writ petition. The second aspect pointed out is in relation to the judgment dated 7.11.2007 in W.P.(C)No.6573/07 filed by Sri.Jacob Chacko seeking to set aside the orders passed against him in the disciplinary proceedings. Apparently, this court had directed fresh proceedings to be taken from the stage of report of the enquiry as such. A time frame has also been fixed. 4. In my view, the aforementioned factors need not deter the Departmental Promotion Committee from considering the case of the eligible candidates in accordance with law. If there are disciplinary proceedings pending, then obviously, Rule 28(b)(i)(7) of Part II of Kerala State and Subordinate Services Rules and the note thereto provides for such contingency. In the circumstances, the writ petition is disposed of directing the 1st respondent to take a decision on the declaration of probation of the petitioner and other eligible candidates, W.P.(C).NO.2850/08 :: 4 :: who are to be considered for regular promotion to the post of Deputy Superintendent of Police (Motor Transport), within a period of one month from the date of receipt of a copy of this judgment. The Departmental Promotion Committee (Higher) shall be convened within a period of two months thereafter and appropriate action shall be taken in accordance with law. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge