IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 12879 of 2011(H) ---------------------------------------- PETITIONER(S): ------------------------- M.MOHANDAS, SENIOR SUPERINTENDENT, REGIONAL TRANSPORT OFFICE, WAYANAD. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.PIN-695 001 2. THE TRANSPORT COMMISSIONER, MOTOR VEHICLES DEPARTMENT, TRANSPORT COMMISSIONERATE, THIRUVANANTHAPURAM.695 014 3. THE DEPARTMENTAL PROMOTION COMMITTEE FOR PREPARING THE SELECT LIST FOR PROMOTION TO THE POST OF JOINT REGIONAL TRANSPORT OFFICER, REPRESENTED BY ITS CONVENOR, PRINCIPAL SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.695 001 4. GIGY GEORGE, JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, CHENGANNUR.PIN-689 121 R1 TO R3 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.12879/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTES PREPARED BY THE 1ST RESPONDENT FOR PREPARATION OF THE SELECT LIST, ISSUED UNDER THE RIGHT TO INFORMATION ACT AS PER COMMUNICATION DATED 20/4/2011. P2 COPY OF THE SELECT LIST ISSUED AS PER NOTIFICATION, G.O. DATED 21/3/2011. P3 COPY OF THE ORDER G.O. DATED 31/3/2011 ISSUED BY THE GOVERNMENT. P4 COPY OF THE INTERIM ORDER DATED 29/11/2000 IN CMP NO.57107/2000 IN O.P.NO.33421/2000 OF THIS HON'BLE COURT. P5 COPY OF THE INTERIM ORDER DATED 3/1/2001 IN CMP.NO.57107/2000 IN O.P.NO.33421/2000 OF THIS HON'BLE COURT. P6 COPY OF THE JUDGEMENT DATED 01/10/2003 IN WP(C)NO.30503/2003 OF THIS HON'BLE COURT. P7 COPY OF THE JUDGEMENT DATED 17/7/2008 IN WP(C)NO.20585/2008 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.12879 OF 2011 ---------------------------------------------- Dated this the 17th day of June, 2011 JUDGMENT The petitioner is a Senior Superintendent in the Motor Vehicle Department of the Government of Kerala. He aspires for promotion to the post of Joint Regional Transport Officer. Although, according to him, he is the next Senior Superintendent eligible for promotion in the quota prescribed for Senior Superintendents, the petitioner has been overlooked and the 4th respondent, who belongs to the other category and is not entitled to promotion in the quota prescribed for Senior Superintendents, has been included in the select list. In the above circumstances, the petitioner seeks the following reliefs: “i) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext.P2 and quashing the same, to the extent it do not include the petitioner. ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 3rd respondent to forthwith convene an adhoc D.P.C. and consider the petitioner for inclusion in Ext.P2 Select List for promotion to the post of Joint R.T.O. iii) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext.P3 and quashing the same, to the extent it promotes the 4th respondent as W.P.(C)No.12879/11 2 Joint R.T.O in the quota earmarked for Senior- Superintendents. iv) issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to promote one more Senior Superintendent to the post of Joint R.T.O. v) declare that the action of the respondents in filling up the 22nd post of Joint R.T.O earmarked to be filed up by promoting Senior Superintendent, by appointing a Motor Vehicle Inspector as unconstitutional and violative of Articles 14 and 16 of the Constitution of India”. 2. The learned Government Pleader on instructions submits that a review D.P.C. is being convened for considering the case of the petitioner. In the above circumstances, this writ petition is disposed of with a direction to the respondents to see that a review DPC is convened and the petitioner's case considered in accordance with the special rules, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.12879/11 3 W.P.(C)No.12879/11 4