IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 8497 of 2010(J) ------------------------- PETITIONER(S): --------------- C.J.JOY,S/O.IYPE JOSEPH(LATE), AGED 52 YEARS, SENIOR SUPERINTEDENT(HIGHER GRADE), OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOTTARAKKARA KOLLAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA. GOVT.PLEADER SRI.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010 ALONG WITH W.P.(C).NO.8508 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NOS. 8497 & 8508 OF 2010 -------------------------------------------- Dated this the 15th day of March, 2010 JUDGMENT These Writ Petitions pertain to the same subject matter, viz., grievance relating disciplinary action initiated against them by a common proceedings and hence, they were jointly heard and are being disposed of by this common judgment. 2. The petitioner in W.P.(C).No.8497/2010 is a Senior Superintendent (Higher Grade) and the petitioner in the latter Writ Petition is a Junior Superintendent under the General Education Department. Alleging forgery in the matter of preparation of a document and dereliction of duty in forwarding fake proposals to the Directorate, and wilful actions in handing over important documents for onward transmission to the Directorate through one Sri.Manoj P.Kumar resulting in forgery, both the petitioners were suspended from service as per Ext.P1 order dated 16.9.09. Subsequently, as per Ext.P3 order dated 23.1.2010, both of them were reinstated in service. As is evident from Ext.P3, they were reinstated in service pending detailed higher level enquiry and W.P.(C) Nos.8497 & 8508/2010 2 finalisation of disciplinary action. It would again go to show that the reinstatement was made with a specific condition that they should be posted outside Idukki District. Accordingly, on reinstatement, they were posted in their respective capacities outside Idukki District till the completion of the enquiry. 3. The contention of the petitioners is that they have absolutely no connection with the incident and forgery alleged to have been committed. It is submitted that in the case of concerned staff in the Directorate alleged to have some involvement in this issue, they were only issued with a memo and thereafter, it was not proceeded with. The apprehension of the petitioners is that the pendency of the disciplinary action initiated against them would adversely affect their promotional prospects. In the case of the petitioner in W.P.(C).No.8497/2010, he is entitled to get promotion to the post of Administrative Assistant against a vacancy which would occur on 1.4.2010, it is submitted. The petitioner in the latter Writ Petition submits that he is entitled to get promotion to the post of Senior Superintendent against a vacancy which would occur on 1.4.2010. The prayer in the Writ Petitions, in the circumstances, is for considering the claims of the petitioners for promotion to the aforesaid respective posts. Indicating their grievances and claiming for their consideration for promotion to the aforesaid respective posts ignoring the W.P.(C) Nos.8497 & 8508/2010 3 pendency of disciplinary proceedings, the petitioners in both Writ Petitions have already approached the Government The petitioner in W.P.(C). No.8497/2010 has submitted Ext.P9 representation dated 10.2.2010 carrying the aforesaid request to the Government. The petitioner in the latter Writ Petition has approached the Government through Ext.P9 representation dated 11.2.2010. The said representations are pending before the Government. The limited prayer of the petitioners is for a direction to the Government to consider their representations mentioned above and pass orders thereon expeditiously, taking into account the fact that the vacancies are due to arise on 1.4.2010. Without making any observations as to the merits of the contentions raised by the petitioners, these Writ Petitions are disposed of with a direction to the first respondent to consider the respective representations submitted by the petitioners referred as Ext.P9 in their Writ Petitions, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) Nos.8497 & 8508/2010 4 C.T. RAVIKUMAR, J. W.P.(C). Nos.8497& 8508/2010 JUDGMENT 15th March, 2010 W.P.(C) Nos.8497 & 8508/2010 5