IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 3517 of 2009(R) ------------------------- PETITIONER: --------------- S.S. SHAJI, SPECIAL VILLAGE OFFICER, ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADV. SRI.N.RATHEESH SMT.SUMA RATHEESH RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, LAND REVENUE, PUBLIC OFFICE BUILDING, THIRUVANANTHPAURAM. 3. THE DISTICT COLLECTOR, THIRUVNANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.3517 of 2009 -------------------------- Dated this the 24th March,2009 J U D G M E N T The petitioner is presently working as Special Village Officer under respondents 2 and 3. Petitioner was involved in a disciplinary action initiated consequent on Exhibit-P1 order of suspension. He was suspended along with one Sri. K.Ajikumar. This was followed by Exhibit-P2 memo of charges and the petitioner submitted Exhibit-P3 explanation thereto. It is pointed out that he was reinstated in service as per Exhibit-P4 dated 24.7.2007. 2. In the seniority list dated 11.4.2008 pertaining to UDC/SVO for the period from 1.11.1998 to 30.6.2004 he is included as Sl. No.8557. The complaint raised by the petitioner herein is that many of his juniors have obtained promotion even though he is denied the same. Accordingly, he has filed Exhibit-P7 representation in the matter. 3. As directed by this Court, on behalf of the 2nd respondent a statement has been filed. It is pointed out that officers up to Rank No.8822 have been promoted in the cadre of VO/HC/RI. The petitioner is not considered in view of the W.P ( C) No.3517 of 2009 2 pendency of the disciplinary action which was initiated by the District Collector. It is submitted that the disciplinary action is in the final stage. 4. It is also pointed out that as per the Vigilance Deputy Collector's report another disciplinary action has been initiated against the petitioner. As and when the disciplinary action is finalized against the petitioner he will be promoted to the cadre of HC/RI/VO. 5. Even going by the documents produced the disciplinary action was initiated against him pursuant to Exhibit-P1 order dated 12.12.2006. The same has not been finalized so far. In view of the non-finalisation of the disciplinary action due promotion to him is delayed. The said state of affairs cannot be continued without attaining finality. In that view of the matter, the District Collector is directed to finalise the disciplinary action against the petitioner within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.3517 of 2009 3 W.P ( C) No.3517 of 2009 4