IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 12596 of 2010(Y) -------------------------- PETITIONER(S): ----------------------- SUNDARAN M., GRADE HEAD CONSTABLE HC-1745, AGED 52 YEARS, S/O.KUNHATHAN, MUNICHIRAYIL HOUSE, KADALUNDI NAGARAM, VALLIKKUNNU AMSOM, MALAPPURAM. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY ITS CHIEF SECRETARY,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT OF KERALA, HOME AND VIGILANCE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CONVENER, DEPARTMENTAL PROMOTION COMMITTEE (HOME DEPARTMENT),GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 5. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 6. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 7. THE SUPERINTENDANT OF POLICE, THRISSUR.\ GOVT.PLEADER SRI.ARAVINDA KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 12596 OF 2010 (Y) ===================== Dated this the 17th day of May, 2010 J U D G M E N T Petitioner is an Assistant Sub Inspector of Police. According to him, on account of the pendency of a Vigilance case, he is not considered for promotion to the post of Sub Inspector of Police. It is in these circumstances, the writ petition has been filed praying for a direction for considering him for promotion. 2. Learned Government Pleader confirms that it was because of the pendency of the vigilance case as also the criminal case that he is not considered for promotion. Irrespective of the pendency of the criminal cases, a Government servant is entitled to be considered for promotion as and when candidates are considered for promotion by the DPC. In such cases, the DPC is to consider the case adopting sealed cover procedure. Therefore, the petitioner is entitled for a direction to the respondents to consider his claim for promotion adopting sealed cover procedure. This view has been taken by this Court in Ext.P6 judgment in WP (C) No.28088/2009. Having regard to the above, the writ petition is disposed of WPC No. 12596/10 :2 : directing the respondents that if the petitioner is otherwise eligible, his claim for promotion should be considered along with others adopting sealed cover procedure. ANTONY DOMINIC, JUDGE Rp