IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 19395 of 2010(Y) -------------------------- PETITIONER(S): --------------- P.T.BALAGOPALAN, JUNIOR SUPERINTENDENT, POOTHADY GRAMA PANCHAYATH, P.O.KENICHIRA, WAYANAD DISTRICT. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATH, WAYANAD, KALPETTA. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.19395 of 2010 (Y) -------------------------- Dated, this the 12th day of July, 2010 J U D G M E N T The petitioner is working as Junior Superintended in the Poothady Grama Panchayat in Wayanad District. He has two grievances. First one is that his juniors have been promoted by Ext.P6 and that even now, he has not been promoted. Second is that his suspension period has not been regularised. 2. According to the petitioner, by Ext.P1 order dated 15/12/2006, he was placed under suspension. It is stated that thereafter by Ext.P2 order dated 11/11/2008 he was reinstated in service without prejudice to continuance of the disciplinary action, and by Ext.P3 he was given a posting. Subsequently, by Ext.P4 judgment in the criminal case, for the involvement of which he was placed under suspension, the petitioner was acquitted. It is stated that it was because of the pendency of the aforesaid proceedings that he was not considered for promotion and that by Ext.P6, his juniors have been promoted. It is also his case that if his seniority is correctly reckoned his name would have found a place in between WP(C) No.19395/2010 -2- serial Nos.12 & 13 in Ext.P6. 3. Insofar as the claim of the petitioner that his juniors have been promoted by Ext.P6 is concerned, learned Government Pleader on instructions submits that seniority as reflected in Ext.P6 was subsequently revised with effect from 01/01/1990 and that in the provisional seniority list that was published, the petitioner is at serial No.1972 and the last person promoted is at serial No.1926. It is therefore contended that the case of the petitioner that his juniors have been promoted is incorrect. 4. Insofar as the grievance of the petitioner regarding non- regularisation of the suspension period is concerned, it is pointed out that disciplinary action initiated, on the basis of which he was suspended, has not been finalised. 5. Going by the submission thus made by the learned Government Pleader, seniority as reflected in Ext.P6 undergone a change and the last person promoted is at serial No.1926 of the provisional seniority list. It is also pointed out that the petitioner is at serial No.1972. If that be the position, the genuineness of which, cannot be doubted and the case of the petitioner that his juniors WP(C) No.19395/2010 -3- have been promoted cannot be factually correct. On the other hand, if the petitioner has a case that seniority position as reflected in the provisional seniority list is incorrect, it is for him to work out his grievances against the provisional seniority list. Therefore, at present, there is no substance in the grievances raised. Insofar as the grievance regarding non-regularisation of the suspension period is concerned, a reading of Ext.P2 order of reinstatement itself shows that the reinstatement was without prejudice to the right of the respondents to conclude disciplinary action. Therefore, until disciplinary action is concluded, it will be premature to direct respondents to regularise the suspension period. At this stage, what is required is that the disciplinary action, which was initiated against the petitioner as per Exts.P1 & P2 should be finalised. This the 1st respondent shall do as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg