IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 16437 of 2010(D) -------------------------- PETITIONER(S): --------------- R.MOHANAN, SPECIAL GRADE SUB GROUP OFFICER, PANDALAM VALIYAKOICKAL DEVASWOM, ARANMULA GROUP. BY ADV. SRI.K.SASIKUMAR SRI.S.ARAVIND RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. M.P.HARIKUMAR, AG.SPECIAL GRADE SUB GROUP OFFICER, MAVELIKARA DEVASWOM, MAVELIKARA GROUP, UNDER ORDERS OF PROMOTION AS ASSISTANT DEVASWOM COMMISSIONER/ADMINISTRATIVE OFFICER, TRIKKARIYOOR GROUP. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R1,2 SRI.P.GOPAL FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.16437 OF 2010 (D) -------------------------------------------------- Dated this the 7th day of June, 2010 J U D G M E N T Petitioner is a Second Grade Sub Group Officer, claiming promotion to the post of Assistant Devaswom Commissioner under the respondent Board. He submits that a vacancy in the cadre of Assistant Devaswom Commissioner arose on 1.6.2010 and that superseeding his claim, his junior is proposed to be promoted. Counsel contends that the only reason for denying promotion is pendency of a vigilance enquiry and that in Exts.P9 and P10 judgments, in respect of the similarly situated employees of the Board, this court has clarified that the pendency of vigilance enquiry will not be a bar for considering them for promotion and ordered their promotion. It is contended that the petitioner is entitled to similar benefits. 2. Standing counsel has obtained instructions and confirms existence of one vacancy. 3. Since the facts are stated as above, I am satisfied that the petitioner is similarly situated like the petitioners in Exts.P9 and P10 judgments. Therefore, he is entitled to considered for WPC.No.16437 /2010 :2 : promotion. Petitioner being the senior most and seniority being the basis for promotion and in view of the existence of one vacancy as accepted above, there will be a direction to respondents 1 and 2 to promote the petitioner to the available vacancy of Assistant Devaswom Commissioner, giving him the benefit of exemption from test qualification as ordered in Ext.P1. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/