IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 4600 of 2008(V) ------------------------- PETITIONER: J.RAO JAYACHANDRAN, SPECIAL GRADE SUB GROUP OFFICER, SASTHAMANGALAM SUB GROUP, OLLOOR GROUP, TRAVANCORE DEVASWOM BOARD, PIN-695 010. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI SRI.M.R.ANISON SRI.T.R.RAJESH RESPONDENTS: 1. TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, NANTHANCODE, KAVADIYAR P.O., TRIVANDRUM, PIN-695 003. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAVADIYAR P.O., TRIVANDRUM, PIN-695 003. 3. SATHEESH KUMAR, DEVASWOM VIGILANCE OFFICER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAVADIYAR P.O., TRIVANDRUM, PIN-695 003. 4. KRISHNAN NAIR, ASSISTANT DEVASWOM COMMISSIONER (RETIRED), T.C.NO. 6/229, KANJIRAMPARA P.O., TRIVANDRUM DISTRICT-695 030. 5. GOPINATHAN NAIR, ENQUIRY COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VJRA, C-II, V.J.LANE, SASTHAMANGALAM P.O., TRIVANDRUM DISTRICT-695 010. 6. THE DIRECTOR, VIGILANCE AND ANTI-CORRUPTION BUREAU, TRIVANDRUM. ADV. SRI.NAGARAJ NARAYANAN, SC, TDB FOR R1 TO 5 GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 4600 of 2008 -------------------------- Dated this the 8th April,2009 J U D G M E N T The petitioner is working as Special Grade Sub Group Officer in the Travancore Devaswom Board. The next promotion is to the post of Assistant Commissioner. In this writ petition, the challenge is against Exhibits P9 and P12. Pursuant to the disciplinary proceedings initiated against him, as per Exhibit-P12, a punishment of reduction in rank as the juniormost in the cadre of Special Grade Sub Group Officer/Junior Superintendent as on the date of reinstatement in service was imposed. It is submitted that the said punishment has already worked out itself and Exhibit-P19 is the seniority list thus published. 2. Presently, the petitioner is relying upon the judgment of a Division Bench of this Court produced as Exhibit-P18 in the case of one Sri.K. Rajan, another accused, in the very same vigilance case wherein the petitioner is Accused No.5. It is stated that Sri. K.Rajan, W.P ( C) No. 4600 of 2008 2 is junior to the petitioner. After hearing the parties, the Division Bench while considering his claim for promotion issued the following directions: “Accordingly, this writ petition is disposed of directing the additional 10th respondent to complete the investigation within a period of six months from today. In the unlikely event of the investigation not being completed within the said period the petitioner shall be considered for promotion in the next available vacancy in the post of Assistant Commissioner, ignoring the pendency of the investigation.” 3. Thereafter, it appears that the Board has promoted various persons as Assistant Commissioner. This was challenged in Writ Petition No.6718 of 2009 by Sri.K. Rajan, who is the petitioner in Exhibit-P18. This Court after hearing the parties, held that the petitioner therein has to be promoted as Assistant Commissioner with effect from the date any of his junior has been promoted as the period fixed in the judgment is over and as the investigation has not been completed. 4. Learned Senior Counsel for the petitioner submitted that petitioner is also seeking the same benefit, since he is senior to Sri. K. Rajan, who is the petitioner in W.P ( C) No. 4600 of 2008 3 Exhibit-P18 and as can be seen from Exhibit-P19 seniority list. I am of the view that the petitioner is also entitled to a similar treatment and the benefit of Exhibit-P18 judgment could be extended to him especially since the petitioner therein is his junior. There is no case that the investigation has been completed. 5. Therefore, the writ petition is disposed of in the following manner: In the light of the fact that already the punishment has worked out itself, the challenge against Exhibit-P12 fails. The petitioner will be considered for promotion as Assistant Commissioner with effect from the date on which his junior stands promoted and appropriate orders shall be passed within a period of six weeks from the date of receipt of a copy of this judgment. It is made clear that this court has not gone into the merits of other contentions between the parties. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 4600 of 2008 4 W.P ( C) No. 4600 of 2008 5