IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 3704 of 2010(K) -------------------------------------- PETITIONER(S): -------------------------- KARTHIYAYANI K., DEPUTY TAHSILDAR, TALUK OFFICE, MANANTHAVADI, WAYANAD DISTRICT. BY ADVS. SMT.P.V.ASHA, SMT.VINITHA. B. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., DEPARTMENT OF LAND REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 3704 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2010 J U D G M E N T The petitioner is a Deputy Tahsildar under the Land Revenue Department. She is continuing in service based on the orders pertaining to the unification of the age of retirement. She is due to retire from service on 31.3.2010. The grievance of the petitioner is that though she is fully qualified for appointment as Tahsildar and a large number of vacancies are available in that cadre, no steps have so far been taken to convene the Departmental Promotion Committee for effecting regular promotions. In the said circumstances, the petitioner also contends that, at least, her claim for temporary promotion requires consideration, taking into fact that she is to retire from service on 31.3.2010 in the light of Ext.P6 Circular No. 5328/Rules-1/99/P&ARD dated 3.6.1999. 2. The questions whether the petitioner is fully qualified for appointment as Tahsildar and whether there is the vacancy for granting her promotions are matters which are to be considered by the Government. If the contentions of the petitioner is taken Wpc no.3704 of 2010 2 as correct, there cannot be any justification for not convening the Departmental Promotion Committee for regular promotion. But there is no chance for convening of DPC for regular promotion prior to the retirement of the petitioner on 31.3.2010. In these circumstances, there is no reason for not considering the claim of the petitioner for temporary promotion under Rule 31(a)(1) of the KS&SSR in terms of Ext.P6 Circular. In view of the fact that the petitioner is due to retire from service on 31.3.2010, there shall be a direction to the first respondent to consider the claim of the petitioner for temporary promotion within a period of two weeks from the date of receipt of a copy of this judgment. While considering the said claim of the petitioner, the first respondent shall also look into Ext.P6 Circular dated 3.6.1999. The petitioner will be at liberty to file a representation for that behalf along with copy of the judgment. The writ petition is disposed of. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A. To Judge