IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 26200 of 2008(R) PETITIONER(S): JOY VARGHESE, JUNIOR SUPERINTENDENT, OFFICE OF THE ASSISTANT DIRECTOR OF SURVEY (RE-SURVEY), KASARAGOD, RESIDING AT CHITTAYAM HOUSE, VIVEKANANDANA NAGAR, ADIMALU.P.O, IDUKKI DISTRICT - 685 561. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 3. THE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (LOWER), LAND REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 4. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.26200 of 2008 ------------------------- Dated this the 21st day of October, 2008. JUDGMENT The petitioner, who is working as a Junior Superintendent in the Office of the Assistant Director of Survey, Kasaragode, aspires for promotion to the post of Tahsildar. Apparently, the petitioner has not been considered for promotion on the premise that there is a vigilance case pending against him. 2. On instructions, learned Government Pleader submits that there is a vigilance enquiry pending against the petitioner and the charge sheet has not been filed so far. In that case, there is no bar in considering the petitioner for promotion. In the result, the writ petition is disposed of directing the 2nd respondent to forward the petitioner's name to the 3rd respondent. The 3rd respondent shall convene a Departmental Promotion Committee and consider the petitioner's name, within six weeks from the date of receipt of a copy of this judgment. Pursuant to the recommendations of the Departmental Promotion W.P.(C).NO.26200/08 :: 2 :: Committee, orders shall be passed by the 1st respondent in the matter of promotion to the post of Tahsildar. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge