IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 8616 of 2009(V) ------------------------- PETITIONER: --------------- M.PRASANNA KUMAR, SPECIAL TAHSILDAR, LAND ACQUISITION (RAILWAY),KANNUR KANNUR DISTRICT. BY ADV. SRI.K.P.RAJEEVAN RESPONDENTS: --------------- 1. COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 2. THE DEPARTMENTAL PROMOTION COMMITTEE FOR REVENUE DEPARTMENT, REPRESENTED BY ITS CONVENER, LAND REVENUE COMMISSIONERATE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 8616 of 2009 -------------------------- Dated this the 18th March,2009 J U D G M E N T The petitioner is now working as Special Tahasildar of Land Acquisition (Railway), Kannur. His service particulars show that he was appointed as Village Assistant on 9.6.1981, promoted as U.D.C on 25.6.1987 and as Village Officer on 11.3.1999. A vigilance case was registered against him while he was working as Pangodu Village Officer. Ultimately, the penalty of censure was imposed in the enquiry. Exhibit-P1 is the order by which the period of suspension has been regularised as duty for all purposes except for pay and allowances for the period and limiting the same to subsistence allowance already drawn by him. 2. Pendency of the disciplinary action against him delayed the promotion as Deputy Tahsildar and Tahsildar. According to the petitioner, he was entitled to get promotion as Deputy Tahsildar/Junior Superintendent W.P ( C) No. 8616 of 2009 2 on 16.8.2003 when his Juniors Lalithambal (Rank No.2153 in the seniority list of U.D Clerk/Special Village Officer on 24.12.2001) and Smt. Nalinakumari (Rank No.2154) were promoted. Petitioner is rank No.2152 in the said list. He claims promotion as Tahsildar with effect from 8.3.2006 when his juniors Sri. C.P. Sundaran and K.V. Sabu were promoted as Tahsdildar/Senior Superintendent on 8.3.2006. Their Rank Nos were 2985 and 2986 in the revised provisional seniority list of Deputy Tahsildar/Junior Superintendent and petitioner is ranked as 2974 in the seniority list for the period from 1.1.1998 to 31.12.2006. 3. Petitioner has already filed WPC No.18874 of 2008 seeking to get retrospective promotion to the post of Deputy Tahsildar/Tahsildar which is pending. He was promoted to various higher posts and finally as Tahsildar on 12.8.2008. 4. Petitioner submits that his juniors have obtained grade promotions also in the Tahsildar cadre. It is in these circumstances he has filed Exhibit-P3 before the 1st respondent for appropriate reliefs. He is seeking W.P ( C) No. 8616 of 2009 3 promotion to the post of Deputy Tahsdildar/ Junior Superintendent with effect from 16.8.2003 and Tahsildar / Senior Superintendent with effect from 8.3.2006 and also grade promotion in the cadre of Tahasildar with effect from 1.6.20008 in Exhibit-P3. 5. Since Exhibit-P3 is pending before the 1st respondent, the 1st respondent is directed to take a decision on Exhibit-P3 after hearing the petitioner and any other affected parties within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 8616 of 2009 4 W.P ( C) No. 8616 of 2009 5