IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 8363 of 2011(U) ------------------------- PETITIONER(S): --------------- N.K.RAVEENDRANATHAN, WORKING AS JOINT REGIONAL TRANSPORT OFFICER, ERNAKULAM, RESIDING AT 33/1862B, SHOBHA ROAD, VENNALA P.O., KOCHI-28. BY ADV. SRI.E.K.NANDAKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), REPRESENTED BY THE CONVENER AND SPECIAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, SECRETARIAT P.O., THIRUVANANTHAPURAM-695 001. 3. THE TRANSPORT COMMISSIONER, KERALA, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 001. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 8363/2011 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.5.11.2004. P2. COPY OF THE GOVT. ORDER DTD.27.11.06. P3. COPY OF THE JUDGEMENT IN W.P.(C).No. 10755/2010. P4. COPY OF THE ORDER DTD.29.10.10 IN I.A.No. 13373/2010 IN W.P.(C). No. 10755/2010 OF THIS COURT. P5. COPY OF THE ORDER DTD.11.1.2011 OF THE GOVT. P6. COPY OF THE NOTIFICATION DTD.9.7.2010. P7. COPY OF THE JUDGMENT IN W.P.(C).No. 32228/2008 OF THIS COURT. P8. COPY OF THE GOVT. ORDER DTD.21.3.2011. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 8363 of 2011 ================== Dated this the 13th day of June, 2011 J U D G M E N T The petitioner is a Joint Regional Transport Officer. He was due for further promotion. But his name was not considered for promotion on the ground that disciplinary proceedings are pending against him. The petitioner filed W.P.(C).No.10755/2010 and obtained Ext.P3 judgment directing finalisation of the disciplinary proceedings, declaration of probation of the petitioner and consideration of the claim of the petitioner for inclusion in the select list for 2010. Although, even prior to the meeting of the Departmental Promotion Committee the disciplinary proceedings had been finalised, in that Departmental Promotion Committee the petitioner's name was again not considered. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “a) issue a writ of mandamus or any other appropriate writ, order of direction commanding the respondents to declare the probation of the petitioner and to place his case for consideration of an ad-hoc Departmental Promotion Committee (Higher), which may be convened for consideration of eligible candidates to be promoted as Assistant Transport Commissioner/Regional Transport Officer. b) declare that non-declaration of the probation of the petitioner is illegal and arbitrary in the facts and circumstances of the case. c) declare that the Departmental Promotion Committee (Higher) which met on 1.3.2011 should have considered the petitioner for inclusion in the select list of officers for promotion as Assistant Transport Commissioner/Regional Transport Officer, in the facts and circumstances of the case.” w.p.c.8363/11 2 2. The learned Government Pleader, on instructions, submits that an ad hoc Departmental Promotion Committee (Higher) would be convened as soon as the convenience of the PSC member, who is also a member of the Committee, is ascertained. In the above circumstances, this writ petition is disposed of with a direction to the respondents to see that an ad hoc Departmental Promotion Committee (Higher) is convened to consider the claim of the petitioner in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge