IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 34545 of 2008(K) -------------------------- PETITIONER(S): --------------- P.A.BAZEER S/O.PP ABDUL KAREEM, AGED 38 YEARS,ASSISTANT MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, GURUVAYUR. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERAQLA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORT, SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER FOR TRANSPORT, TRIVANDRUM. 3. THE CONVENOR,DEPARTMENTAL PROMOTION COMMITTEE (LOWER)MOTOR VEHICLES DEPARTMENT, TRIVANDRUM. BY G.P. SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.34545 of 2008-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2009. JUDGMENT The petitioner is an Asst. Motor Vehicles Inspector. He was aspiring for promotion as Motor Vehicles Inspector, which according to him, is due from the year 2007. But in December 2006 he was issued with a memo of charges alleging certain misconduct which resulted in Ext.P5 order whereby he was imposed with a minor penalty of withholding of two increments without cumulative effect. But in the meanwhile, the meeting of the D.P.C. was held and select list was published on 1.5.2007 which has been produced as Ext.P2. The petitioner has filed Ext.P3 objection against his non-inclusion. Ext.P4 shows that juniors to the petitioner have been promoted in the meanwhile. Ext.P6 is the seniority list of Asst. Motor Vehicle Inspectors as on 1.1.2005 and the petitioner is serial No.8. It is averred that upto serial No.22 have got promotion excluding the petitioner due to pendency of the disciplinary proceedings. 2. According to the petitioner, as the disciplinary proceedings have been finalised, his name has to be considered by the Departmental Promotion Committee for the year 2007. Seeking for various reliefs, the WPC 34545/08 2 petitioner has filed Ext.P8 representation before the Convener of the Departmental Promotion Committee through proper channel. The petitioner has sought for convening an ad-hoc D.P.C. for inclusion of his name in the select list published as per notification dated 18.4.2007. It is up to the said respondent to consider it as enjoined by the relevant rules. The merits of the claim is not therefore being considered now. 3. There will be a direction to respondents 2 and 3 to consider Ext.P8 and take appropriate action as enjoined under law, so as to redress the grievance of the petitioner, within a period of two months from the date of receipt of a copy of this judgment, with notice to any affected parties also. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/