IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 4146 of 2010(P) ------------------------- PETITIONER(S): --------------- SURENDRANATHAN K.V., JUNIOR SUPERINTENDENT, COLLECTORATE, ERNAKULAM. BY ADVS. SMT.P.V.ASHA SMT.VINEETHA B. RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LAND REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 4146 OF 2010 -------------------------------------------- Dated this the 18th day of February, 2010 JUDGMENT The petitioner is working as a Junior Superintendent in the Collectorate, Ernakulam. He is continuing in service based on the orders pertaining to the unification of the age of retirement. He is due to retire from service on 31.3.2010. The grievance of the petitioner is that though he is fully qualified for appointment as Tahsildar and a large number of vacancies are available in that cadre, no steps have been so far taken to convene the Departmental Promotion Committee for effecting regular promotions. In the said circumstances, the petitioner also contend that, at least, his claim for temporary promotion requires consideration, taking into account the fact that he is due to retire from service on 31.3.2010 in the light of Ext.P6 Circular No. 5328/Rules–1/99/P&ARD dated 3.6.1999. 2. The questions whether the petitioner is fully qualified for appointment as Tahsildar and whether there are sufficient number of vacancies for effecting promotion are matters which are to be considered W.P.(C) NO. 4146/2010 2 by the Government. If the contentions of the petitioner are taken as correct, there cannot be any justification for not convening the Departmental Promotion Committee for regular promotion. But there is no chance for convening of DPC for regular promotion prior to the retirement of the petitioner on 31.3.2010. 3. In these circumstances, there is no reason for not considering the claim of the petitioner for temporary promotion under Rule 31(a)(1) of the Kerala State and Subordinate Services Rules in terms of Ext.P6 Circular. In view of the fact that the petitioner is due to retire from service on 31.3.2010, there shall be a direction to the first respondent to consider the claim of the petitioner for temporary promotion, within a period of two weeks from the date of receipt of a copy of this judgment. While considering the said claim of the petitioner, the first respondent shall also look into Ext.P6 Circular dated 3.6.1999. The petitioner will be at liberty to file representation for that behalf along with a copy of the judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 4146/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 4146/2010 JUDGMENT 18th February, 2010