IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 14657 of 2009(B) --------------------------------------- PETITIONER: ------------------- J.G.PREMKUMAR, MANAGER GRADE II, GOVERNMENT GUEST HOUSE, ERNAKULAM. BY ADV. MR.DINESH R.SHENOY, MR.G.HARIKRISHNAN. RESPONDENT: ---------------------- THE DIRECTOR, DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.14657 of 2009 -B ------------------------------ Dated this the 19th day of June, 2009. J U D G M E N T Heard Sri.G.Harikrishnan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Grade II Manager in Government Guest House, Ernakulam. The pleadings disclose that disciplinary action was initiated against him culminating in Ext.P23 order dated 18.3.2009, whereby the punishment of barring of three increments without cumulative effect was imposed on him. In the meanwhile, the Departmental Promotion Committee to select officers eligible for promotion to the category of Manager Gr.I, met on 16.2.2009. For the reason that disciplinary action initiated against the petitioner has not been finalised, the Departmental Promotion Committee decided not to promote the petitioner. In this writ petition, relying on Ext.P23 order the petitioner contends that as the disciplinary action was finalised on 18.3.2009, the Departmental Promotion Committee has to review his case for promotion. 2. Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents on instructions submits that the W.P(C) No.14657 of 2009 -B 2 Departmental Promotion Committee had recorded their decision as regards the petitioner's suitability for promotion in a separate sheet and that in view of Ext.P23, the Departmental Promotion Committee will necessarily have to reconsider the petitioner's case for promotion. The learned Government Pleader also submits that though the Departmental Promotion Committee was convened on 25.3.2009, for the reason that a copy Ext.P23 order had not been made available, the Departmental Promotion Committee could not take a decision in the matter. The learned Government Pleader further submits that the Departmental Promotion Committee will be convened expeditiously. In the light of the fact that the disciplinary proceedings initiated against the petitioner have come to an end. I am of the opinion that the Departmental Promotion Committee should be convened to reconsider the petitioner's eligibility for promotion. I accordingly dispose of this writ petition with a direction to the respondent to convene the Departmental Promotion Committee to consider the claim of the petitioner for promotion to the category of Manager Gr.I. Necessary steps in that regard shall be taken and completed within three months from the date on which the petitioner produces a certified copy of the judgment before the respondent. Sd/- ab P.N.RAVINDRAN, JUDGE //True Copy//