IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 3938 of 2009(R) ------------------------- PETITIONER(S): --------------- G.N.VINU, U.D.CLERK, ASSISTANT DIRECTOR OFFICE(RE-SURVEY),THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY,REVENUE (D)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER,LAND REVENUE, THIRUVANANTHAPURAM. 3. THE ADDITIONAL COMMISSIONER, LAND REVENUE, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 5. ADDITIONAL TAHSILDAR, NEYYATTINKARA. GOVERNMENT PLEADER, ADV.SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3938/2009-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of February, 2009 J U D G M E N T The apparent grievance raised by the petitioner in this writ petition is regarding delay in implementing the order granting promotion to him. The necessary details regarding the service particulars of the petitioner are the following:- The petitioner was suspended from service as per Ext.P1 while working as Village Assistant in Amboori Village of Neyyattinkara Taluk. The allegations pertain to certain irregularities in Pokkuvaravu in respect of land in Re-Survey No.434 of Amboori Village. There was a vigilance enquiry also. He submitted a written explanation at that point of time. According to the petitioner, he is innocent of the said incident. It is also pointed out that the enquiry is not at all progressing even though there was a direction in Ext.P1 to complete the enquiry within two months. Earlier he had approached this Court by filing W.P.(C).No.12368/2008 seeking for appropriate direction to consider his application for reinstating him in service which was disposed of by Ext.P2 judgment. The petitioner was reinstated in service as per Ext.P3 order dated 28/08/2008. 2. Ext.P4 is an order by which various persons have been promoted to higher posts while the petitioner was under suspension. His W.P.(C) No.3938/2009 -:2:- name has been included as Sl.No.36 in Ext.P4. In view of the order of suspension that was not implemented. 3. Presenlty, his complaint is that even after reinstatement no steps are being taken to implement Ext.P4 which is causing hardship to him as it amounts to the denial of his promotion. Pointing out the difficulties in the matter, he has filed Ext.P5 before the Additional Commissioner, Land Revenue. The same has been forwarded by the Assistant Director along with a covering letter to the District Collector, Thiruvananthapuram. 4. Ext.P4 evidences the fact that the petitioner's name appears as serial No.36 in the list for provisional promotees as UDC/SVO, the same is dated 12/12/2007. Already he has been reinstated in service as per order dated 28/08/2008. Therefore, the request of the petitioner to implement the same can be considered in accordance with law. 5. In the result, there will be a direction to the third respondent herein to consider Ext.P5 and issue appropriate orders after going into the grievance raised by the petitioner therein within a period of one month from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. Sd/- T.R. RAMACHANDRAN NAIR, JUDGE ms \\TRUE COPY// P.A TO JUDGE