IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 10815 of 2005(K) -------------------------- PETITIONER: ------------ T. SADASIVAN, REGIONAL DEPUTY DIRECTOR STATE LOTTERIES, ERNAKULAM. BY ADV. SRI.P.RAVINDRAN RESPONDENTS: --------------------- STATE OF KERALA REP. BY ITS SECRETARY TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC10815/2005 APPNDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 10.4.2004. EXT.P2: COPY OF THE REPRESENTATION DATED NIL EXT.P3: COPY OF THE ORDER NO.3468/H1/2005TD DATED 9.3.2005. EXT.P4: COPY OF DIVISION BENCH JUDGMENT IN WA NO.298/05 DATED 11.2.2005. EXT.P5: COPY OF THE MEMO OF CHARGES DATED 18.2.2005. EXT.P6: COPY OF THE GOVERNMENT ORDER DATED 27.7.2005. EXT.P7: COPY OF THE ORDER DATED 13.12.2005. EXT.P8: COPY OF THE PROCEEDINGS DATED 2.7.2005. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE CHARGE MEMO. /TRUE COPY/ P.A. TO JUDGE V.GIRI, J. ------------------------------------------- W.P.(C).No.10815 of 2005 ------------------------------------------- Dated this the 11th day of February, 2008 JUDGMENT While working as Deputy Director in the State Lotteries Department, on finding that there is no select list for the post of Joint Director, petitioner submitted Ext.P1 representation before the Government, firstly, for declaring his probation in the post of Deputy Director and secondly, for promoting him to the post of Joint Director. The request was rejected under Ext.P3. The Government considered the request of the petitioner and stated in Ext.P3 that the petitioner's promotion to the post of Deputy Director was not a regular promotion. Therefore, probation cannot be declared in the said post at that point of time. Since, there were no special rules governing promotion to the post of Joint Director, it was not possible to consider the petitioner's request for promotion to the said post. Ext.P3 has been challenged in the writ petition. Counter affidavit has been filed supporting Ext.P3. The post of Joint Director fell vacant on 1.4.2004. In the absence of Special Rules governing selection to the post of Joint Director, nobody was promoted to the said post. WPC10815/2005 2 There is a proposal for amendment of the Special Rules. In so far as the petitioner is concerned he was earlier awarded a punishment of bar of increment for six months without cumulative effect on the basis of a vigilance enquiry report as evidenced by Ext.R4. Petitioner was facing another disciplinary action. Reference is made to Ext.R1(a) charge memo. 2. I have heard the learned counsel for the petitioner and the learned senior Government Pleader also. 3. The petitioner has retired from service on 30.6.2005. Even if Ext.P3 is interfered with, it may not make any difference, in so far as the petitioner's claim for regular promotion to the post of Joint Director, is concerned. 4. In the result, the writ petition is closed without prejudice to the right of the petitioner to move for notional promotion in the post of Deputy Director and Joint Director, subject to finalisation of the disciplinary action. If such a request is made it shall be dealt with in accordance with law by the Government. Ext.P3 will not stand in the way of such request being considered. V.GIRI, JUDGE csl