IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 35553 of 2007(G) -------------------------- PETITIONER:- ------------------- T.SURENDRAN, DY.TAHSILDAR, SPECIAL TAHSILDAR OFFICE (LA), RAJAKUMARI, RAJAKKAD P.O., IDUKKI DISTRICT. BY ADV. SRI.P.GEORGE WILLIAM RESPONDENTS:- ---------------------- 1. THE COMMISSIONER OF LAND REVENUE PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM. 2. ADDITIONAL COMMISSIONER OF LAND REVENUE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE(L) FOR REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 3. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, KERALA GOVERNMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35553 of 2007(G) APPENDIX Petitioner's Exhibits:- P1: Copy of the representation dtd.29.6.2007 submitted to the first respondent. P2: Copy of the judgment in WPC.No.19441/2007 of this Hon'ble Court. P3: Copy of the letter No.LR.T1-42245/07 dtd.1.10.2007 of the 1st respondent. P4: Copy of the notification No.LR(E) 2.47898/2006 dated 19.11.2007 of the 2nd respondent. P5: Copy of the representation letter dtd.24.3.2008. Respondents' Exhibits:- 1st respondent's Exhibit:- R1(a): Copy of the performance approval form 11(A). ( true copy ) PA to Judge. kvs/- T.R.RAMACHANDRAN NAIR, J. ========================= WP(C).No.35553 of 2007-G. ========================= Dated this the 10th day of April, 2008. J U D G M E N T The petitioner is working as Deputy Tahsildar in Idukki District. He was promoted as such on 6.7.2004 and his next promotion is to the post of Tahsildar. It is stated that he has passed all necessary tests for promotion such as Criminal Judicial Test and Higher Survey Test. In fact, he had earlier approached this Court by filing WP(C).No.19441/2007 as his name has not been sent to the DPC for consideration for the purpose of promotion as Tahsildar. By Ext.P2 judgment this Court directed the first respondent to consider and pass orders on Ext.P4 therein within a period of one month from the date of receipt of a copy of the said judgment. In reply, Ext.P3 was issued by the first respondent stating that the petitioner's name has been included as Sl.No.50 in the approved probationers list of Deputy Tahsildar on 18.9.2007. WP(C).No.35553 of 2007-G. -: 2 :- Even though a subsequent DPC was convened on 7.11.2007 his name was not included. It is seen that he has been superseded by the DPC for the reason that his confidential reports for the years 2004, 2005 and 2006 were not submitted by him. 2. The petitioner has filed Ext.P5 representation after the filing of this writ petition seeking for appropriate reliefs before the Convenor of the DPC ie., the 2nd respondent. Even though it is filed only on 24.3.2008, in the interest of justice the same has to be considered on merit as if it is filed as a statutory representation, particularly since this writ petition was pending. Therefore, there will be a direction to the 2nd respondent to take appropriate action on Ext.P5 representation in accordance with law within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-