IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 6435 of 2009(Y) ------------------------- PETITIONER(S): --------------- A.GOPAKUMAR, S/O.ATHICHA PILLAI,AGED 48, LAKSHMI BHAVANAM,KORASTTIKOD, MANNAR.PO,NOW WORKING AS SPECIAL TAHSILDAR(L.A),G.C.D.A, KADAVANTHRA,KOCHI-20. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY REVENUE(C)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. GP ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6435 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF OFFICIAL GAZETTE DATED 24.5.08 EXT.P2- TRUE COPY OF ORDER G.O.(Rt).NO.3862/2008/RD DATED 4.12.08 ISSUED BY THE 1ST RESPONDENT EXT.P3- TRUE COPY OF REPRESENTATION DATED 22.12.2008 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT EXT.P4- TRUE COPY OF JUDGMENT DATED 29.10.08 IN W.A.NO.2117 OF 2008 ISSUED BY THIS HONOURABLE COURT EXT.P5- TRUE COPY OF GAZETTE NOTIFICATION DATED 17.2.2009. (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).6435/2009 -------------------- Dated this the 12th day of October, 2009 JUDGMENT Petitioner is a Special Tahasildar in the Revenue Department. He was included in Ext.P1 select list for promotion to the post of Deputy Collector, in the year 2008. Ext.P1 select list was operated and persons juniors to the petitioner were also promoted. But petitioner was not promoted on the ground that he was suspended on 31.7.2008 as per Ext.P2 order. He was therefore, superseded in Ext.P1. His representation against supersession as per Ext.P3 was sent to the Government, the 1st respondent. In the meanwhile, his suspension was set aside by this Court as per Ext.P4 judgment without prejudice to the right of the Department to continue disciplinary proceedings. Petitioner's representation against supersession was also considered and rejected as per Ext.P5 stating that though suspension has been set aside, there is a vigilance enquiry pending against him. This has been challenged in the writ petition. 2. After hearing learned counsel on both sides, this Court had, by order dated 7.10.2009, required the Government W.P.(C).6435/09 2 Pleader to ascertain whether any charge memo has been issued to the petitioner in the disciplinary proceedings. Learned Government Pleader, on instructions, affirmed that no such memo of charges has been issued as on date. What is pending is therefore, a vigilance enquiry. 3. Juniors to the petitioner included in Ext.P1 list have also been promoted. In these circumstances, the stand taken in Ext.P5 does not seem to be correct. Ext.P5 is therefore, set aside insofar as it relates to rejection of the request for promotion by enforcement of Ext.P1 select list. Petitioner's name shall therefore, be placed before the next DPC for the post of Deputy Collector, and the DPC shall consider him, without reference to the pendency of the vigilance enquiry. There upon, Government shall proceed to enforce the select list and if the petitioner is included therein, he shall also be promoted by enforcement of the said select list for the post of Deputy Collector, within six weeks from the date of receipt of a copy of this judgment. If the Government does not convene the DPC for the post of Deputy Collector as against the vacancies which are currently available, then an ad hoc DPC shall be convened, and petitioner's case shall be considered W.P.(C).6435/09 3 by the said DPC in the light of the observations made herein and recommendations shall be forwarded to the Government within two weeks from the date on which the DPC is convened. There upon, Government shall proceed to act upon the recommendations and orders in the matter of promotion of the petitioner to the post of Deputy Collector shall be passed within three weeks from the date of receipt of the recommendations. Petitioner's claim for promotion, in accordance with the ranking in Ext.P1 select list may be agitated after orders in the matter of his promotion are passed, as directed above. Writ petition is disposed of as above. V.GIRI, Judge mrcs