IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 16368 of 2009(M) -------------------------- PETITIONER(S): --------------- K.C.NIRMALA KUMARI, DISTRICT LOTTERY OFFICER, HEAD QUARTERS DIRECTORATE, THIRUVANANTHAPURAM. RESIDING AT "NIRMALYAM", MEENADOM P.O., KOTTAYAM-686 516. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, KERALA STATE LOTTERIES DEPARTMENT, THIRUVANANTHAPURAM. * 3. THE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE FOR SELECTION TO THE POST OF DEPUTY DIRECTOR, SECRETARIAT, THIRUVANANTHAPURAM. * Corrected as THE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. (Addressed of the 3rd respondent is corrected vide order dtd.26.5.2010 in I.A.NO.6548/2010) GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. Photocopy of the order dated 7.3.2009 of the Ist respondent issued to the petitioner. Ext.P2. Photocopy of the judgment of this court dated 17.11.2008 in WP(c).No.33753/08 Ext.P3. Photocopy of the order dated 16.2.2009 of the Ist respondent issued to the petitioner. Ext.P4. Photocopy of the order dated 7.10.2008 of the Ist respondent issued to Sri V. S. Subhashchand. Ext.P5 Photocopy of the relevant pages of Final Gradation list of Assistant District Lottery Officers/Senior Superintendents as on 31.3.2009 published by the 2nd respondent vide order dated 20.52009. Ext.P6. Photocopy of the representation submitted by the petitioner before the fist respondent on 20.5.2009. // true copy // P.S. to JUDGE. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.16368 OF 2009 (M) -------------------------------------------------- Dated this the 28th day of May, 2010 J U D G M E N T Petitioner was working as District Lottery Officer,Kottayam. By Ext.P1 order dated 30.4.2008, she was placed under suspension. That was challenged before this court in WP(c).No.33753/2008. That writ petition was disposed of directing consideration of the representation for revoking the suspension. Accordingly, the request was considered and by Ext.P3 order,she was ordered to be reinstated and was posted as District Lottery Officer, Head Quarters Directorate of Lotteries, Thiruvananthapuram. Petitioner states that in the meanwhile Departmental Promotion Committee met and promotions were effected to the post of Deputy Director of Lotteries. It is stated that on account of the pendency of departmental proceedings and vigilance enquiry, her claim was not considered. Again according to the petitioner DPC was scheduled to be convened without including her case. Therefore, she filed this writ petition contending that her claim should also be considered and she should be given ranking at the appropriate place in the WPC.No. 16368/09 :2 : select list. Petitioner submits that during the pendency of the writ petition, by order dated 16.3.2010, accepting the recommendation of the Vigilance Department, the vigilance proceedings have been dropped. It is stated that yet another DPC scheduled to be held immediately and when also her claim is likely to be overlooked. 2. Thus according to the petitioner, vigilance enquiry is not pending and there is absolutely no progress in the departmental proceedings. In the circumstances the petitioner rightly contends that her claim is liable to be considered. 3. Even during the pendency of the proceedings as above, when the Departmental Promotion Committee considered officers for promotion, the claim of the petitioner could not have been overlooked and her claim also should have been considered in terms of the rules adopting sealed cover proceedings. 4. Having regard to the above, I dispose of this writ petition leaving it open to the petitioner to produce a copy of the judgment, in which event it is directed that the 3rd respondent shall consider the claim of the petitioner also for promotion adopting the sealed cover proceedings. WPC.No. 16368/09 :3 : Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/