IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 6718 of 2009(H) ------------------------- PETITIONER(S): --------------- K.RAJAN, S/O.KRISHNAN, MANGANAM P.O., KOTTAYAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): --------------- 1. SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 2. DEVASWOM COMMISSIONER, OFFICE OF THE DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. 3. D.ANANTHAN NAMBOOTHIRI, SPECIAL GRADE SUB GROUP OFFICER, KOTTENKULANGARA DEVASWOM, KOLLAM. 4. G.SANTHOSH, JUNIOR SUPERINTENDENT, BOARD OFFICE, THIRUVANANTHAPURAM. 5. V.S.SALLJA, JUNIOR SUPERINTENDENT, ASSISTANT DEVASWOM COMMISSIONER OFFICE, KOTTARAKKARA. 6. P.E.RAJEEVAN, SPECIAL GRADE SUB GROUP OFFICER, KOTTAYAM. 7. DIRECTOR OF VIGILANCE AND ANTI- CORRUPTION BUREAU, THIRUVANANTHAPURAM. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R1 & R2 SRI.P.GOPAL FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 6718 of 2009 -------------------------- Dated this the 20th March,2009 J U D G M E N T The main grievance raised by the petitioner in this writ petition is that in spite of the directions issued in Exhibit-P4 judgment, due promotion to the petitioner as Assistant Commissioner has not been granted so far. Petitioner is now working as Junior Superintendent. The next promotion is to the post of Assistant Commissioner. 2. In Exhibit-P4 judgment , this Court was of the view that the vigilance investigation pending against the petitioner has to be expedited. Petitioner at that point of time approached this Court complaining that he is not given the due promotion despite the fact that several juniors to the petitioner have already been promoted. He is the 2nd accused in the Vigilance Case No.V.C 2/2002/SIU. Further action to complete the vigilance case was pending at the time when Exhibit -P4 judgment was rendered. This Court directed the additional 10th W.P ( C) No. 6718 of 2009 2 respondent to complete the investigation within a period of six months from the date of judgment. Finally it was directed that in the event of the investigation not being completed within the said period the petitioner shall be considered for promotion in the next available vacancy in the post of Assistant Commissioner ignoring the pendency of the investigation. On completion of the period he submitted Exhibit-P5 representation dated 23.2.2009 seeking to implement the directions in the judgment and promote him in the next available vacancy to the post of Assistant Commissioner. It is averred that the Board without considering the same as per order dated 27.2.2009 promoted respondents 3 to 6 herein to the cadre of Assistant Commissioner. Petitioner submits that this is in violation of Exhibit-P4 judgment. 3. As directed by this Court, learned Government Pleader made available the details regarding the progress of the vigilance investigation pending against the petitioner. It is revealed from the written instructions submitted by the Inspector of Police, Vigilance and Anti W.P ( C) No. 6718 of 2009 3 Corruption Bureau, Special Investigation Unit that the Director, VACB has informed the Secretary, Travancore Devaswom Board vide letter No.C4/VC/2/2002/SIU/6990 dated 3.3.2009 to proceed with the court order (judgment dated 20.8.2008 in WPC No.24256/2007) because the investigation was not completed on 20.2.2009, which is the time limit specified by the court to consider the accused for promotion. It is explained that the investigation could not be completed because of the delay in receiving reports and old records from the Departments connected. 4. In the light of the above, the petitioner is entitled to succeed in the writ petition. The Travancore Devaswom Board is bound to implement the directions issued in Exhibit-P4 judgment without waiting for the completion of the investigation. In view of the specific direction issued in the judgment, the petitioner has to be promoted as Assistant Commissioner with effect from the date on which any of the petitioner's junior has been promoted as alleged by him, after the period fixed in the judgment is over. In that view of the matter no notice need W.P ( C) No. 6718 of 2009 4 be issued to the other respondents, as the petitioner's rights have already been cystallised by Exhibit-P4 judgment. 5. In the light of the direction in Exhibit-P4 judgment that he should be promoted in the next available vacancy after the expiry of the time limit fixed by this Court, he will be granted such promotion. Appropriate orders will be passed within a period of three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 6718 of 2009 5 W.P ( C) No. 6718 of 2009 6