IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 37436 of 2009(Y) -------------------------- PETITIONER(S): --------------- JAMES N.V., AGED 54 YEARS, S/O. VARKEY N.J., SPECIAL GRADE SECRETARY, (UNDER SUSPENSION), MANJOOR GRAMA PANCHAYAT, MANJOOR P.O., KOTTAYAM, RESIDING AT NILAVOOR HOUSE, OLAMATTOM, THODUPUZHA-685 584. BY ADVS. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): --------------- THE SECRETARY TO LOCAL SELF GOVERNMENT (EPB) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 37436 NOF 2009 -------------------------------------------- Dated this the 18th day of March, 2010 JUDGMENT The petitioner is a Special Grade Secretary under the Local Self Government Department. He was placed under suspension as per Ext.P2 order dated 2.12.200. Admittedly, a Vigilance Case has been registered against the petitioner as V.C. No.8 of 2009 by the Vigilance and Anti Corruption Bureau, Kottayam under Section 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and Section 120 B of the Indian Penal Code. This Writ Petition is filed mainly with a prayer to quash Ext.P2 and also for a declaration that the denial of promotion by the Departmental Promotion Committee solely on the basis of the registration of the Vigilance Case is violative of Articles 14 and 16 of the Constitution of India. There is a further prayer for a direction to the respondent to include his name in the list to be forwarded to the Departmental Promotion Committee constituted for the purpose of considering promotion to the post of Senior Superintendent, irrespective of the pendency of the Vigilance Case. W.P.(C) NO. 37436/2009 2 2. The above two prayers cannot co-exist. It is evident from the contention of the petitioner that the Departmental Promotion Committee had not considered the claim of the petitioner so far because it is yet to be convened. A statement has been filed in the Writ Petition by the respondent wherein it is specifically stated that the Departmental Promotion Committee is yet to be convened for the purpose of preparing the select list for the post of Senior Superintendent. A specific provision has been incorporated for the said purpose in Rule 28 of Part II of the Kerala State and Subordinate Services Rules, 1958 and there is no reason for the petitioner to believe that the respondent would not follow the prescribed procedure thereunder. In that view of the matter, this Writ Petition is too premature and it is accordingly dismissed. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 37436/2009 3 C.T. RAVIKUMAR, J. W.P.(C) NO.37436/2009 JUDGMENT 18th March, 2010