IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 3370 of 2010(U) --------------------------------------- PETITIONER(S): ------------------------- MINI VASUDEVA SHARMA N.,SENIOR ACCOUNTANT, DISTRICT TREASURY, ERNAKULAM. BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE, BY ADV. SRI.S.SHARAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE SECRETARY, FINANCE, GOVERNMENT OF KERALA,SECRETARIATE, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF TREASURY,DIRECTORATE OF TREASURIES, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. MOHAMMED FAZIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3370/2010 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION DTD. 7/07/99 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P2: COPY OF THE LETTER NO.SS1/10138/97 DTD. 22/05/98 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P3: COPY OF THE JUDGMENT DTD. 6/11/2008 IN WP(C) NO.24997/08 OF THE HIGH COURT OF KERALA, ERNAKULAM. P4: COPY OF THE JUDGMENT DTD. 25/02/2009 IN W.A.NO.84/09 OF THE HIGH COURT OF KERALA, ERNAKULAM. P5: COPY OF THE JUDGMENT DTD. 31/07/2009 IN CC NO.9/2006 TO 14/2006 OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THIRUVANANTHAPURAM. P6: COPY OF THE REPRESENTATION DTD. 20/08/2009 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P7: COPY OF THE COMMUNICATION NO.7761/ESTT.C1/09/FIN. DTD. 23/10/09 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. P8: COPY OF THE ORDER NO.EK 3/2090/09 DTD. 31/12/2009 ISSUED BY THE JOINT DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. P9: COPY OF THE LETTER NO.92320/INFORMATION 2/09/FIN. DTD.4/1/2010 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, FINANCE DEPARTMENT, THIRUVANANTHAPURAM TO THE PETITIONER. P10: COPY OF THE ORDER NO.74871/ESTT.C2/09/FIN. DTD. 6/2/2010 ISSUED BY THE ADDITIONAL CHIEF SECRETARY (FINANCE) OT THE 3RD RESPONDENT. P11: COPY OF THE ORDER NO.EK 3/109/2009 DTD. 15/03/2010 ISSUED BY DIRECTOR OF TREASURIES TO ALL DISTRICT TREASURY OFFICERS. P12: COPY OF THE PROCEEDINGS OF THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM (ORDER NO.SS1/10138/97 DTD. 19/09/1998). Kss ..2/- ..2... WPC.NO.3370/2010 U P13: COPY OF THE CIRCULAR NO.17/97 DTD. 6/10/1997 ISSUED BY THE DIRECTORATE OF TREASURIES, TVM. P14: COPY OF THE STATEMENT DTD. 7/10/2008 FILED ON BEHALF OF THE 2ND RESPONDENT BEFORE THE HON'BLE HIGH COURT OF KERALA,EKM. TRIVANDRUM. P15: COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST OF THE JUNIOR ACCOUNTANTS DTD. 18/05/91. P16: COPY OF THE ORDER NO.B2/401/98 DTD. 4/05/1998 ISSUED BY THE JOINT DIRECTOR OF TREASURIES. P17: COPY OF THE ORDER NO.B3/109/2008 DTD. 23/04/2008 ISSUED BY THE JOINT DIRECTOR OF TREASURIES. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE SENIORITY LIST. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.3370 OF 2010(U) -------------------------------------------------- Dated this the 20th day of July, 2010 J U D G M E N T Petitioner entered service as Junior Accountant in the Treasury Department in 1987. On 28.7.2007 petitioner was promoted to the post of Senior Accountant. In this writ petition the prayer sought by the petitioner is for a direction to the respondents to promote her to the post of Junior Superintendent with effect from the date on which their immediate juniors were promoted. 2. According to the petitioner, her claim for promotion was overlooked for the reason that she was accused No.6 in C.C.Nos.9/2006 to 14/2006 on the file of the Enquiry Commissioner and Special Judge, Thiruvananthapuram. It is stated that claiming that, even in spite of the fact that she is an accused in criminal case, respondents are liable to consider her claim for promotion, she had approached this court by filing Writ Petition No.24997/08. Though this court dismissed that writ petition, petitioner filed W.A. No.84/09 and in that Writ Appeal this court passed Ext.P4 judgment directing that she will be considered WPC.No. 3370/2010 :2 : adopting sealed cover procedure and that further action will be taken depending upon the termination of the criminal proceedings. 3. Petitioner points out that by Ext.P5 judgment rendered on 31st July, 2009, holding that the prosecution had failed to prove the offences alleged against her, the criminal court has acquitted her from the criminal cases. It is stated that thereupon she filed Ext.P6 representation for further promotion and that the Government by Ext.P7 directed the 2nd respondent to take further action based on Ext.P4 judgment of the Division Bench. There was no progress. It is in these circumstance the writ petition is filed. 4. Thus the claim of the petitioner is that in the matter of promotion to the post of Junior Superintendent in the Treasury Department her claims have been overlooked for the reason that she is an accused in a criminal case. 5. Counter affidavit has been filed by respondents and the first contention raised is that petitioner was promoted as Senior Accountant on 28.7.2001. It is stated that Ext.R2(a) is the seniority list of senior Accountants and that the petitioner is at Sl.No.2769. It is stated that the last person who was considered for promotion by WPC.No. 3370/2010 :3 : the DPC(Lower) held on 15.7.2010 was at Sl.No.2308. It is therefore stated that none of the petitioner's juniors have been promoted overlooking her seniority. In so far as Ext.P5 judgment rendered by the Enquiry Commissioner and Special Judge is concerned, it is stated that the respondents have sought leave to file appeal and that the matter is pending consideration of this court. It is also stated that the disciplinary action, which was initiated against the petitioner and kept pending on account of the pendency of trial of criminal case, will have to be finalized for the petitioner to claim consideration for further promotion. 6. Evidently, therefore the claim of the petitioner for further promotion to the post of Junior Superintendent on the basis that her juniors have been promoted, does not appear to be factually correct. This is for the reason from Ext.R2(a) seniority list and the counter affidavit, it is obvious that none of the junior to the petitioner in the post of Senior Accountant has been promoted to the post of Junior Superintendent. 7. At this stage the Sr. Counsel for the petitioner submits that because of the pendency of the criminal case her promotion from WPC.No. 3370/2010 :4 : the post of Junior Accountant to the post of Senior Accountant was delayed. However, that aspect of the matter is not covered by the pleadings and therefore if petitioner has such grievance, it will be open to the petitioner to pursue the matter by filing an appropriate representation before the 2nd respondent, in which event , the 2nd respondent shall consider the same in the light of Ext.P5 judgment rendered by the Criminal Court acquitting the petitioner of the criminal case. If such a representation is filed within one month from today, the same will be considered within 6 weeks thereafter. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/