IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 9708 of 2010(K) --------------------------------------- PETITIONER(S): ------------------------- 1. B. SREEKUMAR, HEAD ACCOUNTANT, SUB REGIONAL TRANSPORT OFFICE, GURUVAYOOR. 2. K. NAVAKUMAR, HEAD ACCOUNTANT, SUB REGIONAL TRANSPORT OFFICE, TIRUR. 3. JOY.R, UPPER DIVISION CLERK, SUB REGIONAL TRANSPORT OFFICE,TIRUR. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.S.A.ANAND, SRI.PETER JOSE CHRISTO, SRI.RAMESH. C.R. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. TRANSPORT COMMISSIONER, HEAD OFFICE, MOTOR VEHICLES DEPARTMENT, 'TRANS TOWERS', VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. R1 & R2 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 9708 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2010 J U D G M E N T Aggrieved by the denial of promotion to non- selection posts on the ground of the pendency of disciplinary proceedings, the petitioners who are working under the Motor Vehicle Department filed this Writ Petition. Petitioners 1 and 2 are working as Head Accountants and the 3rd petitioner is working as an Upper Division Clerk. As regards the petitioners 1 and 2 Junior Superintendent is the next promotion post and as regards the 3rd petitioner the category of Head Accountant/Head Clerk/Public Relations Officer is the next promotion post. Admittedly, they are non-selection posts. Apprehension of the petitioners is that on account of the pendency of the disciplinary proceedings initiated against them respectively as per Exts. P3 to P5, they would not be considered for promotion for their respective promotional posts. 2. A reading of the relevant provision under Rule 28(b) (ii) of the general rules in the Kerala State and Subordinate WPC.9708 of 2010 : 2 : Services Rules and the judgment of this Court in Ext.P9 would reveal that there is no reason for such an apprehension. A scanning of the relevant provision under Rule 28(b)(ii) would reveal that the promotion of the said posts which are non- selection posts can only be based according to their seniority and while considering the suitability of the petitioners punishments, other than censure awarded within a period of three years immediately preceding to such promotion or appointment by transfer alone could be taken into account for determining suitability of a person for promotion/appointment by transfer. In the light of the aforesaid position obtained by virtue of the relevant provision of law as stated above and Ext.P9 judgment, the claims of the petitioners for promotion to their respective posts have to be considered by the respondent. With these observations, this Writ Petition is disposed of. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A. To Judge