IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 16286 of 2007(L) -------------------------- PETITIONER: ------------ K.BALAKERISHNA PILLAI, AGED 60, S/O.KOLATH PILLAI, SALES TAX INSPECTOR (RTD), AMARAVILA. BY ADV. SRI.S.R.AJITH SRI.JOJO GEORGE RESPONDENT: ------------- STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, COMMISSIONER OF COMMERCIAL TAXES, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).16286/2007 -------------------- Dated this the 31st day of March, 2008 JUDGMENT Petitioner retired from service on 28.2.2005. Disciplinary proceedings were initiated against him while he was in service and they were not finalized as well. It resulted in him being superseded for the purpose of promotion to the post of Sales Tax Officer. Petitioner had objected to the same under Ext.P4. It is a case where the petitioner's promotion was withheld by the DPC. Ext.P7 is the representation which has been filed by the petitioner before the Government inter alia pointing out that he was superseded in the select list essentially because of the pendency of the disciplinary proceedings against him. He points out that the same was subsequently dropped as per Ext.P1 order dated 5.2.2005. After having heard learned Government Pleader, writ petition is disposed of directing the first respondent to look into Ext.P7 and take a decision thereon within a period of three months from the date of receipt of a copy W.P.(C).16286/2007 2 of this judgment. First respondent shall consider the question of notional promotion of the petitioner and regularising the period of suspension, in the light of Ext.P1 order. If the petitioner's claim is accepted, consequential orders shall be passed as regards the claim for revision of retirement benefits made by the petitioner. Petitioner shall produce a copy of the writ petition also along with the copy of the judgment before the first respondent. V.GIRI, Judge mrcs