IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 OP.No. 30130 of 2002(J) ----------------------- PETITIONER(S): --------------- M.V.MAHEEDHARAN, SPECIAL GRADE SECRETARY, CHERIOYANAD GRAMA PANCHAYATH, CHENGANNUR, ALAPPUZHA BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM 3. THE DEPARTMENTAL PROMOTION COMMITTEE FOR PROMOTION TO SENIOR SUPERINTENDANTS, PANCHAYATH DEPARTMENT, REPRESENTED BY ITS CONVENOR, THIRUVANANTHAPURAM 4. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE DEPARTMENT, KOLLAM GOVERNMENT PLEADER SMT. SMITHA SUKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 30130 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st April, 2009. J U D G M E N T The petitioner is a Special Grade Secretary of Cheriyanad Grama Panchayat. His grievance in this original petition is that the promotions due to him have not been given to him on the ground that a vigilance enquiry is pending against him and his juniors have been promoted in the meanwhile. The petitioner therefore seeks the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 to 3 to promote the petitioner to the post of Senior Superintendent in the Panchayat Department; ii) issue a writ of certiorari calling for the records relating to Ext. P 17 and quash the same; ii-a) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to promote the petitioner to the post of Senior Superintendent with retrospective effect at least from 19-4-2002. iii) issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to reserve one post of Senior Superintendent in the Panchayat Department for the petitioner.” 2. A counter affidavit has been filed by the 2nd respondent in paragraphs 7 and 8 of which it is stated thus: “7. On the basis of the report of the enquiry in VC/8/96 by the Vigilance and Anti-corruption Bureau, the Government in G.O (Rt) No.1434/04/LSGD dt. 30-4-04, dropped the disciplinary action against the petitioner and he has been exonerated from all charges on the finding of the Vigilance Department that the petitioner was not responsible for the misappropriation of funds. 8. It is submitted that, consequent to the exoneration of the petitioner from criminal charges, he is entitled to get the seniority just above his junior, promoted as Senior Superintendent. His seniority can be restored by revising the select list by the O.P. No. 30130/02 -: 2 :- Departmental Promotion Committee. It is also stated in paragraphs 9 and 10 of the counter affidavit as follows: 9. Note 2 under Rule 28(b)(7) of K.S. & S.S.R. provides that the vacancy that would have gone to an officer but for his suspension or the criminal proceedings /Departmental proceedings against him for the imposition of a major penalty should be filled up on the temporary basis by the next person in the approved list. If the officer concerned is completely exonerated he will be promoted thereafter to the post filled on temporary basis, the arrangements made previously being reversed. 10. In accordance with the above provisions it is necessary to revise the select list and include the petitioner in the select list for the year 2002, by the Departmental Promotion Committee. The petitioner has already been promoted on 25-4-2003, as he has been included in the select list for the year 2003 in compliance with the direction of this Hon'ble Court dt. 10-6-2002 in O.P.No. 15262/02.” 3. Going by the age stated in the affidavit accompanying the original petition, which is 51 years as on 5-10-2002, the petitioner must have retired from service by now. Therefore, no further orders are necessary in this original petition except to record the statement in the counter affidavit. Ordered accordingly. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.