IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31542 of 2011(P) -------------------------------------- PETITIONER: ------------------- K.D. SEBASTIAN, SENIOR AUDITOR, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (AUDIT), CHEMPERI, KANNUR-670 141. BY SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE, ADVS. SRI.PAUL ABRAHAM VAKKANAL, SRI.DIJO SEBASTIAN, SMT.VINEETHA SUSAN THOMAS, SMT.JASMY KATTOOR. RESPONDENTS: ------------------------ 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN -695 001. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,PATTOM PALACE.P.O., THIRUVANANTHAPURAM, PIN -695 004. R1 & R2 BY GOVT. PLEADER MR. LIJU STEPHEN, R3 BY SRI. P.C. SASIDHARAN, S.C, K.P.S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.31542/2011-P: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE ORDER OF THE JOINT REGISTRAR OF KANNUR DISTRICT CO-OPERATIVE SOCIETY DTD. 12/08/2002. EXHIBIT P2: TRUE COPY OF THE TRANSFER ORDER OF THE 2ND RESPONDENT DTD. 09/04/08. EXHIBIT P3: TRUE COPY OF THE SENIORITY LIST DTD. 03/02/09. EXHIBIT P4: TRUE COPY OF THE MINUTES OF THE DEPARTMENTAL PROMOTION COMMITTEE(LOWER) DTD. 26/02/2011. EXHIBIT P5: TRUE COPY OF THE SELECT LIST PUBLISHED IN THE GAZETTE DTD. 03/05/2011. EXHIBIT P6: TRUE COPY OF THE INTIMATION THAT THE ENTIRE AMOUNT ALLEGEDLY MISAPPROPRIATED HAS BEEN REMITTED IN THE BANK DTD. 02/06/2007. EXHIBIT P6.A: TRUE COPY OF THE CERTIFICATE THAT NO MORE AMOUNT IS DUE FROM THE EMPLOYEES DTD. 18/10/2011. EXHIBIT P7: TRUE COPY OF THE PETITION TO THE 1ST RESPONDENT DTD. 10/11/2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 31542 OF 2011 ----------------------------------------------------------- Dated this the 25th November, 2011. JUDGMENT The petitioner is working in the cadre of Higher Grade Auditor. He has been granted promotion as Special Grade Auditor from 22-7-2011. He is due to retire on 31-3-2013. A vigilance enquiry is pending against him. According to the petitioner, the vigilance enquiry has been ordered on the basis of frivolous allegations motivated by political rivalry. A Departmental Promotion Committee (DPC for short) has superseded his claim for selection and a select list has been prepared excluding his name. According to the petitioner, there is no prospect of the vigilance case getting over in the near future. Therefore, according to him unless the select list is revised and his name included therein, he would be denied his due promotion as Assistant Registrar before retirement. The petitioner has therefore challenged the select list by filing Ext.P7 petition under Rule 28 of Kerala State and Subordinate Service Rules (KS & SSR for short). He complains that no orders have been passed on Ext.P7 till date. The petitioner WPC 31542/2011 2 therefore seeks the issue of appropriate directions for the consideration of Ext.P7 on an early date. 2. In view of the limited relief that is claimed, I am of the opinion that this writ petition can be disposed of at the admission stage itself, granting the said relief. 3. This writ petition is accordingly disposed of directing the first respondent to consider the claim of the petitioner set out in Ext.P7 petition in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 31542/2011 3