IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 23791 of 2009(T) -------------------------- PETITIONER: - --------------- D.M.MURALI,COMMERCIAL TAX INSPECTOR, SQUAD NO.1,MATTANCHERRY AT ALUVA. BY ADV. MR. S.P.ARAVINDAKSHAN PILLAY MS. N.SANTHA MR. K.A.BALAN MR. PETER JOSE CHRISTO MR. S.A.ANAND RESPONDENTS:- -------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,TAXES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN: 695 001. 2. COMMISSIONER OF COMMERCIAL TAXES, COMMISSIONERATE OF COMMERCIAL TAXES, THIRUVANANTHAPURAM, PIN:695 033. 3. DEPARTMENTAL PROMOTION COMMITTEE(LOWER), DEPARTMENT OF COMMERCIAL TAXES, REPRESENTED BY ITS CONVENER,THE COMMISSIONER OF COMMERCIAL TAXES, COMMISSIONERATE OF COMMERCIAL TAXES, THIRUVANANTHAPURAM, PIN:695 033. BY ADV. MR. BAIJU CHANDRAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 23791/2009 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE MEMO OF CHARGES NO.A.12.7868/03/TX(ii) DATED 02.09.2003 OF THE COMMISSIONER OF COMMERCIAL TAXES, WITH THE STATEMENT OF ALLEGATIONS APPENDED. EXT.P2: TRUE COPY OF THE EXPLANATION DATED 27.10.2003 SUBMITTED BY THE PETITIONER TO EXT.P1. EXT.P3: TRUE COPY OF THE ORDER NO.A12.7868/03/TX DATED 14.12.2007 OF THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE APPEAL DATED 08.02.2008 SUBMITTED BY THE PETITIONER TO GOVERNMENT. EXT.P5: TRUE COPY OF THE ORDER NO.A12.7868/2003/TX DATED 29.05.2009 OF THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 06.05.2009 SUBMITTED BY THE PETITIONER TO THE CONVENER, D.P.C.(L) EXT.P7: TRUE COPY OF THE REPRESENTATION DATED 05.06.2009 SUBMITTED BY THE PETITIONER BEFORE THE CONVENER, D.P.C. (LOWER). EXT.P8: TRUE COPY OF THE G.O.(Rt) NO. 758/09/TD DATED 21.08.2009. EXT.P9: TRUE COPY OF THE REPRESENTATION DATED 05.09.2009. ANTONY DOMINIC, J. ........................................... W.P.(C)NO.23791 OF 2009-T ............................................. Dated this the 30th day of October, 2009 J U D G M E N T Petitioner is a Commercial Tax Inspector aspiring for promotion to the post of Commercial Tax Officer. However in the supplementary select list for the year 2008, he was overlooked on the ground that he had suffered a punishment. It is pointed out that during the pendency of this writ petition, by Ext.P8 order dated 21.8.2009 the 1st respondent has allowed the appeal filed by the petitioner against the order imposing punishment. Subsequently enclosing a copy of Ext. P8, the petitioner has submitted Ext.P9 representation before the 3rd respondent seeking to include his name in the select list. Orders on Ext.P9 have not been passed. Having regard to the above facts, the grievance of the petitioner will be redressed, if the 3rd respondent considers Ext.P9 in the light of Ext.P8 and passes necessary orders thereon. This the 3rd respondent shall do as early as possible, at any rate, within two months from the date of production of a copy of this judgment. ANTONY DOMINIC, JUDGE cl : 2 : W.P.(C)NO.23791 OF 2009-T