IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 34390 of 2010(R) ---------------------------------------- PETITIONER(S): ------------------------ M.ABDUL AZEEZ, S/O.BEERAN, JUNIOR SUPERINTENDENT, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR, RESIDING AT HAVEN, NEAR DEVADAR GOVERNMENT HIGHER SECONDARY SCHOOL, K.PURAM POST, TANUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER SRI.V.C.MADHAVANKUTTY RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LAW & JUSTICE, THIRUVANANTHAPURAM-1. 2. REGISTRAR (SUBORDINATE JUDICIARY), HIGH COURT OF KERALA, ERNAKULAM-31. 3. DISTRICT AND SESSIONS JUDGE, MANJERI-676121. 4. C.K.VENUGOPALAN, HEAD CLERK, SUBORDINATE JUDGE'S COURT, TIRUR-676101. * ADDL.R5 IMPLEADED * ADDLR5: HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31 REPRESENTED BY ITS REGISTRAR GENERAL * IS IMPLEADED AS ADDL.R5 VIDE ORDER DATED 31/1/2011 IN I.A.NO. 1347/2011. R1 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH R2 BY SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE R2 BY ADV. SMT.K.RADHAMANI AMMA SRI.K.RAMACHANDRAN (THYKOODAM) SRI.GENS GEORGE ELAVINAMANNIL R3 BY ADV. SMT.K.RADHAMANI AMMA R4 BY ADV. SRI.JAMSHEED HAFIZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.34390/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 17/7/2010 OF THE 3RD RESPONDENT. P2 COPY OF THE ORDER NO.821/2008/A1 DATED 06/11/2010 ISSUED BY THE 3RD RESPONDENT. P3 COPY OF THE ORDER DATED 7/11/2008 ISSUED BY 3RD RESPONDENT. P4 COPY OF THE ORDER NO.A1-1546/2007 DATED 12/10/2009 ISSUED BY THE THIRD RESPONDENT. P5 COPY OF THE CIRCULAR NO.100714/SD2/79/GAD DATED 17/8/1979 ISSUED BY GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE ORDER NO.A1-2600/2008 DATED 03/05/2008 OF THE 3RD RESPONDENT. R2(B) COPY OF THE ORDER NO.A1-9302/2008 DATED 07/11/2008 OF THE 3RD RESPONDENT. R2(C) COPY OF THE ORDER NO.A1-2600/2008 DATED 30/06/2008 OF THE 3RD RESPONDENT. R2(D) COPY OF THE ORDER NO.A1-9302/2008 DATED 14/12/2009 OF THE 3RD RESPONDENT. R2(E) COPY OF THE ORDER NO.A1-455/2010 DATED 18/01/2010 OF THE 3RD RESPONDENT. R2(F) COPY OF THE ORDER NO.A1-2899/2010 DATED 22/03/2010 OF THE 3RD RESPONDENT. R2(G) COPY OF THE ORDER NO.A1-2899/2010 DATED 12/5/2010 OF THE 3RD RESPONDENT. R2(H) COPY OF THE ORDER NO.821/2008/A1 DATED 06/11/2010 OF THE 3RD RESPONDENT. R4(A) COPY OF THE ORDER NO.A2-2600/2008 DATED 03/05/2008 OF THE DISTRICT JUDGE, MANJERI. R4(B) COPY OF THE GRADATION LIST OF NON-GAZETTED EMPLOYEES OF CIVIL JUDICIAL DISTRICT, MANJERI AS ON 01/07/2008. /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 34390 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February, 2011 J U D G M E N T The petitioner is presently working as a Junior Superintendent in Motor Accident Claims Tribunal, Tirur. The petitioner was given promotion to that post by Ext.P1 order dated 17.07.2010. Now by Ext.P2 order dated 06.11.2010, the petitioner is ordered to be revered, to accommodate the 4th respondent. The petitioner challenges the same on the ground that the 4th respondent had been imposed with a punishment as per Ext.P3 order, reducing him in rank for two years and the period of punishment expired on 06.11.2010. The petitioner relies on the decisions of this court in 1992 (2) KLT 618 and 1997 (1) KLT 240 to contend that in such circumstances promotion given to the petitioner cannot be undone to favour an employee who has undergone a punishment in disciplinary proceedings. The petitioner seeks the following reliefs: “(a) call for the records leading to Exhibit P2 order and quash the same by issuing a writ of certiorari or other appropriate writ, order or direction;” W.P.(C)No. 34390 of 2010 -2- Counter affidavits have been filed in this writ petition. But today the learned standing counsel for the High Court brings to my attention Order No.A1-3988/2009/DCM dated 20.01.2011, whereby the petitioner has been given regular promotion with effect from 17.07.2010 and therefore he will not be affected by the restoration in rank of the 4th respondent on 06.11.2010. In view of the said submission the petitioner agrees that the writ petition may be closed recording the same. Accordingly recording the fact that the petitioner has been regularly promoted with effect from 17.07.2010 by Order No.A1-3988/2009/DCM dated 20.01.2011 this writ petition is closed. This is without prejudice to the right of the petitioner to challenge seniority as between the petitioner and the 4th respondent depending on the date of promotion to be assigned to the 4th respondent, if it becomes necessary. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE