IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 5573 of 2009(N) -------------------------------------- PETITIONER(S): ----------------------- MOHANACHANDRAN, S/O.LATE KUTTAN NAIR, AGED 48 YEARS, JUNIOR SUPERINTENDENT, DISTRICT SUPPLY OFFICE,THIRUVANANTHAPURAM, RESIDING AT T.C.41/401, PATTAVILAKATHU VEEDU, MANACAUD.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.PAVITHRAN, SRI.M.X.XAVIER. RESPONDENT(S): ------------------------- 1. DEPARTMENTAL PROMOTION COMMITTEE II, CIVIL SUPPLIES DEPARTMENT, REPRESENTED BY ITS CONVENOR, COMMISSIONER OF CIVIL SUPPLIES, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 2. GOVERNMENT OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. SRI.O. KRISHNAKUMARY, JUNIOR MANAGER, OFFICE OF THE REGIONAL MANAGER, K.S.C.S.CORPORATION,PALGHAT. R1 TO R3 BY SR GOVT. PLEADER MR.P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5573/2009-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROVISIONAL SENIORITY LIST ALONG WITH PROCEEDINGS DATED 08/06/2006. EXT.P2: COPY OF THE SELECT LIST DATED 19/06/2007. EXT.P3: COPY OF THE COMMUNICATION NO.(C.S) B3-11320/06 DATED 12/07/2007. EXT.P4: COPY OF THE PROCEEDINGS DATED 24/09/2007. EXT.P5: COPY OF THE MEMO OF CHARGES DATED 23/12/1997. EXT.P6: COPY OF THE NOTIFICATION NO. (C.S.).B3-11320/06 DATED 07/11/2007. EXT.P7: COPY OF THE JUDGMENT DATED 31/03/2008 IN WP(C) NO. 1648/2008 OF THIS HONOURABLE COURT. EXT.P8: COPY OF THE NOTIFICATION NO. (C.S.).B3-27932/07 DATED 03/05/2008. EXT.P9: COPY OF THE PROCEEDINGS NO.(C.S.) C5-3619/08 DATED 04/07/2008. EXT.P10: COPY OF THE NOTIFICATION NO.(C.S.) B3-27932/07 DATED 01/12/2008. EXT.P11: COPY OF THE NOTIFICATION NO.J1-400/03 DATED 09/01/2008 ISSUED BY REGIONAL MANAGER KSCS CORPN. EXT.P12: COPY OF THE PROCEEDINGS NO.G.O.(RT)NO.149/2010/CSD DATED 12/05/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.5573 OF 2009 (N) -------------------------------------------------- Dated this the 9th day of June, 2010 J U D G M E N T Petitioner is an Assistant Supply Officer aspiring promotion to the post of Supply Officer. In Exts.P2 and P10 select lists he was superseded for the reason that proceedings pursuant to Exts.P4 and P5 charge sheets were pending against the petitioner. Counsel now submits that by Exts.P9 and P12 orders, disciplinary proceedings have been finalised, ordering recovery of loss and therefore he is entitled to be considered for promotion. 2. Although Government Pleader has pointed out that Ext.P12 reflects a penalty, which has been provided in the rule, still having regard to the fact that it was due to the pendency of Exts.P2 and P10 that he has been overlooked, it is directed that the respondents shall consider the case of the petitioner also for promotion to the post of Taluk Supply Officer as and when the DPC is convened. Petitioner shall produce a copy of the judgment before the Ist respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :