IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 16809 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------ V.GOPAKUMAR, SENIOR SUPERINTENDENT, OFFICE OF THE REGIONAL JOINT DIRECTOR OF URBAN AFFAIRS, KOLLAM. BY ADVS. SRI.K.MOHANAKANNAN, SMT.A.R.PRAVITHA, SMT.RASHMI RAVINDRAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, L.S.G.DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM-695 001. 3. DEPARTMENTAL PROMOTION COMMITTEE, URBAN AFFAIR DEPARTMENT, REPRESENTED BY ITS CHAIRMAN-695 001. 4. K.PREMKUMAR, SENIOR SUPERITENDENT, OFFICE OF THE DIRECTOR OF URBAN AFFAIR, THIRUVANANTHAPURAM-695 001. 5. S.JAYAKRISHNAN, SENIOR SUPERINTENDENT, OFFICE OF THE DIRECTORATE OF URBAN AFFAIRS, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16809/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS OF THE DEPARTMENTAL PROMOTION COMMITTEE DTD. 18/02/2011. P2: COPY OF THE ORDER NO.E1.3891/10 DTD. 31/3/2011 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF REPORT OF TRANSFER OF CHARGED DTD. 20/04/2011. P4: COPY OF ORDER NO.E1 3891/10 DTD. 16/06/2011. P5: COPY OF THE PROCEEDINGS OF THE DEPARTMENTAL PROMOTION COMMITTEE 1/06/2011. P6: COPY OF THE RELEVANT RULES OF KS & SSR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.16809 OF 2011 -------------------------------------------- Dated this the 8th day of July, 2011 JUDGMENT This Writ Petition has been filed challenging Exts.P4 and P5 and also seeking issuance of a writ of mandamus commanding respondents 1 to 3 to retain the petitioner as Senior Superintendent in the office of the Regional Joint Director, Kollam. Essentially, the grievance of the petitioner lies against Ext.P4 order whereby he was reverted to the post of Junior Superintendent pursuant to the promotion of the fourth respondent. Disciplinary proceedings initiated for imposition of major penalty were pending against the fourth respondent at the time when the Departmental Promotion Committee met on 18.2.2011. Therefore, in tune with the provisions under Note (ii) to Rule 28 (b)(i)(7) Part II of the Kerala State & Subordinate Service Rules, the fourth respondent was not given promotion and, in his place, the petitioner was granted promotion on temporary basis. Later, on culmination of disciplinary proceedings, the D.P.C met and found the fourth respondent suitable for promotion and based on the said recommendation, the fourth respondent was promoted and consequently, W.P.(C) NO.16809/2011 2 the petitioner was reverted. The contention of the petitioner is that the fourth respondent was not completely exonerated and therefore, there was no reason for cancelling the promotion granted to the petitioner. I do not propose to consider the contentions raised by the petitioner on merits at this stage as the petitioner has preferred Ext.P7 representation before the first respondent after the institution of this Writ Petition. In the said circumstances, without making any observation as to the merits of the contentions raised by the petitioner in this Writ Petition as also in Ext.P7, this Writ Petition is disposed of with a direction to the first respondent to consider Ext.P7 and pass orders thereon expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and the fourth respondent. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.16809/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.16809/2011 4