IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 7435 of 2011(D) ------------------------- PETITIONER(S): --------------- K.P.RAVEENDRAN NAIR, JUNIOR EMPLOYMENT OFFICER, TOWN EMPLOYMENT EXCHANGE,KOTHAMANGALAM, ERNAKULAM DISTRICT BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001 2. DIRECTOR OF EMPLOYMENT, NATIONAL EMPLOYMENT SERVICE (KERALA)DEPT DIRECTORATE OF EMPLOYMENT, THIRUVANANTHAPURAM-695014 3. DEPARTMENT PROMOTION COMMITTEE(LOWER) DEPARTMENT OF NATIONAL EMPLOYMENT SERVICE(KERALA) REP.BY ITS CONVENER, THE DIRECTOR OF EMPLOYMENT NATIONAL EMPLOYMENT SERVICE(KERALA)DEPARTMENT, DIRECTORATE OF EMPLOYMENT, THIRUVANANTHAPURAM-PIN-695014 GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 7435 of 2011 ================== Dated this the 24th day of March, 2011 J U D G M E N T The petitioner is a Junior Employment Officer. He has not been considered for promotion on the ground that disciplinary proceedings are pending. The petitioner's grievance now is that even after the disciplinary proceedings have been completed, the petitioner's case is not being considered by the Departmental Promotion Committee. 2. The learned Government Pleader submits that in those disciplinary proceedings the petitioner was imposed with one major penalty and two minor penalties, and therefore the petitioner's case cannot be considered for promotion now. 3. I have considered the rival contentions in detail. 4. After hearing both sides, I find that in Ext.P8 it has been specifically stated that in view of the completion of the disciplinary proceedings, the petitioner's case for promotion would be considered in the next Departmental Promotion Committee. The petitioner's contention is that in the next Departmental Promotion Committee after Ext.P8, the petitioner's case was not considered and his juniors were promoted. The fact that the petitioner was imposed with penalties is no ground for non-consideration of his case for promotion by the w.p.c.7435/11 2 Departmental Promotion Committee for ever. He has a right to be considered for inclusion in the select list in accordance with law, by the Departmental Promotion Committee After 31.3.2011, due to retirements, vacancies are likely to arise. Therefore, I direct that the petitioner's case for promotion also be considered by the next Departmental Promotion Committee, in accordance with law, if vacancies arise after 31.3.2011. The Departmental Promotion Committee shall convene meeting within two months from the date of receipt of a certified copy of this judgment and consider the case of the petitioner along with that of others in accordance with law. If vacancies are there and select list is prepared, the persons included in the select list shall be promoted without further delay. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge