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. 4689 of 2010(I) ------------------------------------- PETITIONER(S): ------------------------- A.O.SUNNY, INSTRUCTOR, KERALA FOREST SCHOOL, VALAYAR. BY ADVS. MR.ELVIN PETER P.J., SMT.POOJA SURENDRAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), THIRUVANANTHAPURAM P.O. 3. THE DEPARTMENTAL PROMOTION COMMITTEE FOR THE PREPARATION OF THE SELECT LIST FOR THE POST OF ASSISTANT CONSERVATOR OF FORESTS, REPRESENTED BY ITS CONVENOR, SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. S.SREEKUMAR, LIAISON OFFICER, ADVOCATE GENERAL OFFICER, ERNAKULAM, HIGH COURT P.O. 5. C.V.RAJAN, DIVISIONAL FOREST OFFICER, FLYING SQUAD DIVISION, KOZHIKODE P.O. 6. M.VENUGOPAL, DIVISIONAL FOREST OFFICER, FLYING SQUAD DIVISION, ERNAKULAM.H.P.O. 7. T.K.SIVARAJAN, TECHNICAL OFFICER, OFFICE OF THE ASSISTANT CONSERVATOR OF FORESTS, OLAVAKKODU, PALAKKAD DISTRICT., OLAVAKKODU P.O. R1 TO R3 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. 4689 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2010 J U D G M E N T The petitioner is an instructor under the Forest and Wild Life Department. Ext.P1 is the seniority list of Forest Range Officers in which the petitioner's name appears against Sl.No.62. Respondents 4 to 7 are his juniors in the said seniority list and they hold rank Nos. 63,66,68 and 70 respectively therein. The selection list of Forest Range Officers for appointment to the post of Assistant Conservator of Forests for the year 2007 was prepared by the Departmental Promotion Committee that met on 25.5.2008. In the said list the name of respondents 4 to 7 are included. According to the petitioner he was not included in the said list solely on account of the pendency of V.C 2/06 before the Enquiry Commissioner and Special Judge, Thrissur. The case of the petitioner is that no charge has been framed against him and therefore in the light of decision reported in Sasidharan Vs. State of Kerala(2008(4) KLT 149) there was no embargo in for including the petitioner in Ext.P3 select WPC.No. 4689 of 2010 : 2 : list. It is further contended that certain others facing such vigilance proceedings like the petitioner were included in the said select list, despite the pendency of vigilance case before the Enquiry Commissioner and Special Judge. Ext.P2 would reveal that Sl.Nos. 11,18 and 22 are personnel against whom vigilance cases are pending. In the case of Sl.No. 18, Sri. D.Ratheesh he has been charge sheeted in V.C. 20/94/SIU before the Enquiry Commissioner and Special Judge and another case against him viz., CC No.30/02 is pending trial before the Enquiry Commissioner and Special Judge, Thiruvananthapuram. It is in the said circumstances, the petitioner has contended that he has been arbitrary discriminated in the matter of inclusion in Ext.P3 Select list. If the pendency of the vigilance case before the Enquiry Commissioner and Special Judge is the reason for his non inclusion in Ext.P3, the others similarly situated facing trial before the Commissioner and Special Judge, could not have been included in Ext.P6 is the contention of the petitioner. 2. In the said circumstances, and also taking into account the decision of this court reported in Sasidharan Vs. State of Kerala(2008(4) KLT 149), I am of the considered view that the grievance of the petitioner deserves serious consideration by the first respondent at the first instance. WPC.No. 4689 of 2010 : 3 : Such a consideration shall be made by the first respondent within three weeks from the date of receipt of a copy of this judgment. To enable the first respondent comply with the directions the petitioners shall submit a representation carrying all the details to substantiate his contention along with the copy of this judgment. If, as such consideration and verification, it is found that personnel facing trial of vigilance case are still included in Ext.P3 select list then the first respondent shall cause convening of a review DPC for the purpose considering the claim of the petitioner for inclusion in Ext.P3 select list, within a week thereafter. Convening of such review DPC and consideration of the petitioner's claim, in such circumstances, shall be made within seven weeks thereafter. Needless to say, the claim for promotion of the petitioner to the post of Assistant Conservator of Forests will depend upon the decision of the said Review Departmental Promotion Committee. This writ petition is disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //True copy// P.A. To Judge