IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WA.No. 276 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.12054/2006 Dated 13/07/2007 .................... APPELLANTS: RESPONDENTS 1 TO 3 IN THE WPC: ----------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANATHAPURAM. 2. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 3. THE DEPARTMENTAL PROMOTION COMMITTEE(HR) FOR MAKING PROMOTION TO THE POST OF DEPUTY COMMISSIONER, REPRESENTED BY ITS CONVENOR, COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR RESPONDENTS: PETITIONER AND RESPONDENTS 4 TO 9 IN THE WPC; ---------------------------------------------------------- 1. K.R.RAMACHANDRAN PILLAI, INSPECTING ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), NEDUMKANDAM, IDUKKI. 2. MR.JULIUS SMITH, DEPUTY COMMISSIONER (INTELLIGENCE), COMMERCIAL TAXES DEPARTMENT, ERNAKULAM. 3. MR.P.S.THAMPI, ASSISTANT COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, SPECIAL CIRCLE, KASARAGOD. WA.No. 276 of 2008() 2 4. MR.THOMAS ALEX, INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, ERNAKULAM. 5. SMT.T.V.KAMALA BAI, ASSISTANT COMMISSIONER, AUDIT ASSESSMENT-1, COMMERCIAL TAXES DEPARTMENT, KOZHIKODE. 6. SMT.P.SIVASUDHA DEVI, INSPECTION ASSISTANT COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, THIRUVANANTHAPURAM. 7. MR.P.SASIDHARAN, ASSISTANT COMMISSIONER, SPECIAL CIRCLE, COMMERCIAL TAXES DEPARTMENT, KOZHIKODE. BY ADV.SRI.ISSAC M.PERUMPILLIL THIS WRIT APPEAL HAVING COME UP FOR ORDERS ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- W.A.No.276 OF 2008 ------------------------------------- Dated 4th February, 2008 JUDGMENT Koshy,J . Petitioner was working as Inspecting Assistant Commissioner (Intelligence). Aggrieved by his position in the rank list, he filed the writ petition. His name was not included because disciplinary action was pending against him. He was also not included in the select list for promotion to the post of Deputy Commissioner. During the pendency of the writ petition, he was provisionally promoted as Deputy Commissioner on the eve of his retirement. Government published Ext.P13 select list in which he was shown as Rank No.2 among the eligible officers for promotion to the post of Deputy Commissioner during the year 2004. It is true that, earlier, disciplinary proceedings were pending against the petitioner. Even after considering the disciplinary proceedings relating to the period 1998-99 to 2000-2001, DPC included him as Rank No.2. DPC list was published in 2004. He retired from service in 2006. Considering these facts, learned single Judge directed to promote him with retrospective effect from 2004 in one of the vacancies that arose in 2004 and to grant his benefits accordingly. Major contention raised by the appellant is that it causes financial burden. This case is applicable only to the petitioner on the facts of this case because he was included as W.A.276/2008 2 Rank No.2 as per the list prepared by the appellant itself for the year 2004. Therefore, he was entitled to get the post in the vacancy that arose in 2004. We see no infirmity in the impugned judgment. There is no merit in the appeal. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks