IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 27214 of 2006(M) ---------------------- PETITIONER : --------------------- D.R. URMILA, HEAD CLERK, REGIONAL TRANSPORT OFFICE, MALAPPURAM. BY ADV. SRI.P.K.VIJAYAMOHANAN RESPONDENT(S): --------------- 1. THE TRANSPORT COMMISSIONER KERALA, MOTOR VEHICLES DEPARTMENT, HEAD QUARTERS, EAST FORT, THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, MALAPPURAM. 3. SMT. LEENA DANIEL, JUNIOR SUPERINTENDENT, SUB REGIONAL TRANSPORT OFFICE, CHENGANNUR. 4. SRI.V.GOPALAN, JUNIOR SUPERINTENDENT, REGIONAL TRANSPORT OFFICE, PALAKKAD. 5. SRI.N.BHASKARAN, JUNIOR SUPERINTENDENT, REGIONAL TRANSPORT OFFICE, THRISSUR. R1 & R2 BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27214 of 2006(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER NO. A3-3337/TC/2001 DATED 19.11.2001 O F THE 1ST RESPONDENT. EXT.P2 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.7.2006. EXT.P3 : COPY OF THE SENIORITY LIST PUBLISHED VIDE ORDER NO. A3/570/TC/2005 DATED 15.7.2005. EXT.P4 : COPY OF THE ORDER NO. A3/2677/TC/2006 DATED 23.8.2006. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn S.SIRI JAGAN, J. ================== W.P.(C).No. 27214 of 2006 ================== Dated this the 10th day of August, 2011 J U D G M E N T The petitioner is working in the cadre of Head Accountant/Head Clerk/Public Relations Officer in the Motor Vehicle Department of the Government of Kerala. She was promoted to that post by Ext.P1 order dated 19.11.2001. She joined duty on 12.12.2001 pursuant to the promotion. In Ext.P3 seniority list of the Head Accountant/Head Clerk/Public Relations Officer as on 1.1.2005, the petitioner is serial No. 36, whereas respondents 3 to 5 are serial Nos.39, 41 and 42. Although they are juniors to the petitioner, by Ext.P4 order dated 23.8.2006, they were promoted as Junior Superintendents ahead of the petitioner, which is the grievance of the petitioner in this writ petition. The petitioner seeks the following reliefs; “i. to issue a writ of certiorari quashing Ext.P4 in so far as the juniors to the petitioner in the cadre of Head Accountant/ Head Clerk/Public Relations Officer are given promotion to the cadre of Junior Superintendent. ii. to issue a writ of mandamus, order or appropriate direction directing the first respondent to promote the petitioner forthwith to the cadre of Junior Superintendent. iii. to issue a writ, order or direction directing the first respondent to declare the probation of the petitioner in the post of Head Accountant/Head Clerk/Public Relations Officer; iv. to declare that the petitioner has satisfactorily completed her probation by 12.12.2003 in the absence of extension of her probation in the post of Head Accountant/Head Clerk/Public Relations Officer.” w.p.c.27214/06 2 2. According to the petitioner, to the knowledge of the petitioner, there were no disciplinary proceedings against the petitioner and there is no reason for not declaring the probation of the petitioner. It is on the ground that the petitioner's probation has not been declared, the petitioner has been overlooked for promotion. In the above circumstances, the petitioner is entitled to the reliefs prayed for, is her contention. 3. A counter affidavit has been filed by the 1st respondent wherein, it is stated that the petitioner's probation has not been declared so far, since the petitioner's conduct during the period of probation was not satisfactory. According to the 1st respondent, for the year 2002-03, the Accountant General, in the Local Audit Report of the Regional Transport Office, Kozhikode, pointed out several irregularities on the part of the petitioner, in respect of which, disciplinary proceedings were initiated against the petitioner and the petitioner was imposed with the punishment of barring of one increment with cumulative effect by order dated 15.5.2006. Because of the same, the probation of the petitioner was not declared as satisfactory. Consequently, the petitioner was not promoted. In the meanwhile, the Vigilance Department of the Government initiated another disciplinary action against the petitioner, which is pending, is the contention raised. The 1st respondent would submit that it is under the above w.p.c.27214/06 3 circumstances, the petitioner's probation was not declared and she was superseded for promotion. 4. I have considered the rival contentions in detail. 5. The petitioner has not chosen to file a reply to the counter affidavit. From the counter affidavit it is seen that the petitioner's probation was not declared and she was overlooked for promotion for very valid reasons. In the above circumstances, I do not find any merit in this writ petition. Accordingly, this writ petition is dismissed. Interlocutory application stands closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge