IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 37621 of 2009(W) --------------------------------------- PETITIONER: ------------------- A. SUNDARAM, SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, ADOOR, PATHANAMTHITTTA. BY ADVS. MR.SIBY MATHEW, MR.PHILIP J.VETTICKATTU, MR.B.PREMNATH. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO.37621 OF 2009 ............................................ DATED THIS THE 6TH DAY OF JANUARY, 2010 JUDGMENT The petitioner is a Senior Geologist, Department of Mining and Geology, Adoor, Pathanamthitta. His complaint is that though he has only one year and four months service left to retire, he is not being given his promotion as the Deputy Director. Disciplinary proceedings are alleged to be pending against the petitioner. The petitioner contends that promotion cannot be denied to him for the sole reason that disciplinary proceedings are pending against him. The petitioner further submits that Ext.P4 representation is pending consideration of the respondent. 2. The learned Government Pleader points out that in Ext.P4, the petitioner has stated that disciplinary proceedings have been completed and that a penalty has been imposed on him as per Government Order dated 13.10.2009. In the above circumstances, since he has been punished, he is not eligible for being promoted. 3. Ext.P4 shows that the petitioner has moved the respondent Wpc 37621/09 2 seeking a review of the penalty that has been imposed. The said representation is pending. 4. In view of the above, this writ petition is disposed of directing the respondent to consider and pass orders on Ext.P4 as expeditiously as possible, and at any rate, within a period of two months from the date of receipt of a copy of this judgment. The question of promotion of the petitioner is left open. K.SURENDRA MOHAN, JUDGE lgk