IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 6505 of 2011(K) ------------------------- PETITIONER(S): --------------- A.RAJAN, ASSISTANT TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE, KOZHENCHERY, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF CIVIL SUPPLIES DEPARTMENT AND CONVENOR OF DEPARTMENTAL PROMOTION COMMITTEE II, CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM. 4. THE TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE, KOZHENCHERRY, PATHANAMTHITTA. GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.6505 of 2011 ================== Dated this the 1st day of March, 2011 J U D G M E N T The petitioner aspires for promotion to the post of Taluk Supply Officer. But he is not being considered for promotion on the ground that a criminal case and disciplinary proceedings are pending against him. The Departmental Promotion Committee, which met on 19.2.2010, did not consider the petitioner and published Ext.P2 select list excluding the petitioner. According to the petitioner, this action of the 2nd respondent is against Note (i) to Rule 28 (b)(i)(7) of the Kerala State and Subordinate Services Rules, as also the decisions of this Court in Sasidharan v. State of Kerala [2008 (4) KLT 149], Balachandran v. State of Kerala [2007 (2) KLT 316] and Damodaran v. State of Kerala [2004 (2) KLJ 355]. The petitioner submits that the Departmental Promotion Committee is again meeting on 5.3.2011 for preparing further select list. The petitioner apprehends that he would not be considered in that meeting also. The petitioner has, therefore, filed Exts.P5 and P6 representations before the 2nd respondent. The petitioner seeks a direction to the 2nd respondent to consider and pass orders on Exts.P5 and P6 expeditiously. 2. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Exts.P5 and P6, after affording an w.p.c.6505/11 2 opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. If ultimately the 2nd respondent accepts the contention of the petitioner, a Review Departmental Promotion Committee shall be convened for the purpose of considering the case of the petitioner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge