IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 28088 of 2009(E) -------------------------- PETITIONER: --------------- A.DEVADAS, DEPUTY SUPERINTENDENT / JAILOR, OPEN JAIL, CHEEMENI, KASARAGOD. BY ADV. MR. V.V.SURENDRAN MR. P.A.HARISH RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, HOME AND VIGILANCE, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CONVENER, DEPARTMENTAL PROMOTION COMMITTEE(HIGHER), JAILS DEPARTMENT, THIRUVANANTHAPURAM. 4. THE DIRECTOR GENERAL OF POLICE(PRISONS), PRISONS HEAD QUARTERS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. P.NANDA KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.28088 of 2009 --------------------------------- Dated, this the 10th day of November, 2009 J U D G M E N T The petitioner is working as a Deputy Superintendent/Jailor. He aspires for promotion to the post of Superintendent. However, he submits that he is not likely to be considered for the reason that departmental proceedings are pending. It is with this grievance, this writ petition is filed seeking a direction to the respondents to consider him for promotion. 2. Even during the pendency of disciplinary proceedings, an Officer is entitled to be considered adopting the Sealed Cover Procedure. Therefore, the petitioner is justified in seeking a direction to the respondents to consider him for promotion in accordance with the Rules as above. 3. In view of the above, this writ petition is disposed of directing that the 3rd respondent shall consider the claim of the petitioner for promotion in the next DPC, if he is otherwise eligible for the same, in accordance with the Rules. WP(C) No.28088/2009 -2- The petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg