IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 12723 of 2010(M) -------------------------- PETITIONER(S): --------------- K.S.AJIKUMAR,HEAD SURVEYOR,(UNDER SUSPENSION),OFFICE OF TH SURVEY AND LAND RECORDS, RE-SURVEY OFFICE, KARAMAA,THIRUVANANTHAPURAM. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY,GEPARTMENT OF SURVEY AND LAND RECORDS, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF SURVEY & LAND RECORDS, THIRUVANANTHAPURAM. 3. DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR DEPARTMENT OF SURVEY AND LAND RECORDS REPRESENTED BY ITS CONVENER,DIRECTOR OF SURVEY AND LAND RECORDS,THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 12723 of 2010 M ``````````````````````````````````````````````````````` Dated this the 9th day of April, 2010 J U D G M E N T The petitioner is a Head Surveyor working in the Department of Survey and Land Records. The apprehension of the petitioner is that on account of the fact that he has been placed under suspension as per Ext.P2, he would not be considered for promotion. In the light of the specific provisions under Rule 28, which prescribe the procedures to be adopted in respect of a person who is sufficiently senior to be included within the zone of consideration and facing disciplinary proceedings/placed under suspension, there is no basis for the apprehension of the petitioner. The respondents are bound to follow the statutory provisions provided thereunder. However, this writ petition is disposed of with a direction to the respondents to take appropriate action in terms of the provisions under Rule 28 of Part II of KS & SSR to consider the claim of the petitioner for promotion in case he is sufficiently senior to be included within the zone of consideration and fully qualified for promotion, when steps are taken for effecting promotion to the post of Superintendent of Survey. Sd/- (C.T.RAVIKUMAR, JUDGE) aks