IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 18948 of 2010(P) -------------------------- PETITIONER(S): --------------- S.CHANDRABABU, MANAGER/HIGHER GRADE SUB GROUP OFFICER, KSHETHRA KALAPEEDOM, TRAVANCORE DEVASWOM BOARD, VAIKKOM. BY ADV. SRI.K.SASIKUMAR SRI.S.ARAVIND RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. ANNAPOORNESHWARI AMMA, JUNIOR SUPERINTENDENT/SPECIAL GRADE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD OFFICE, THIRUVANANTHAPURAM. 4. K.VASANTHAKUMARI, JUNIOR SUPERINTENDENT/ SPECIAL GRADE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD OFFICE, THIRUVANANTHAPURAM. 5. C.VENUGOPALAN NAIR, JUNIOR SUPERINTENDENT/SPECIAL GRADE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, ADINAD SAKTHIKULANGARA, KARUNAGAPPALLY GROUP. 6. VIJAYAKUMARA SARMA, JUNIOR SUPERINTENDENT/SPECIAL GRADE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, THIRUVALLA DEVASWOM, THIRUVALLA GROUP. 7. R.MURALEEDHARAN NAIR, JUNIOR SUPERINTENDENT/SPECIAL GRADE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, SABARIMALA DEVASWOM. 8. G.SUMATHIAMMA, JUNIOR SUPERINTENDENT/SPECIAL GRADE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, ASSISTANT DEVASWOM COMMISSIONER OFFICE, PUNALUR. WP(C).No. 18948 of 2010 -2- 9. J.MURUKESAN, JUNIOR SUPERINTENDENT/SPECIAL GRADE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, STORE KEEPER, SABARIMALA DEVASWOM. 10. K.SUMITHRADEVI, AG.HEAD CLERK/HIGHER GRADE SUB GROUP OFFICER, ASSISTANT DEVASWOM COMMISSIONER OFFICE, TRIKKARIYOOR. 11. G.VIJAYAKUMARI AMMA, AG.HEAD CLERK/HIGHER GRADE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD OFFICE, THIRUVANANTHAPURAM. 12. R.PRASANNAKUMARI, AG.HEAD CLERK/HIGHER GRADE SUB GROUP OFFICER, DEPUTY DEVASWOM COMMISSIONER OFFICE, PATHANAMTHITTA. 13. H.KRISHNAKUMAR, AG. HEAD CLERK/HIGHER GRADE SUB GROUP OFFICER, ASSISTANT DEVASWOM COMMISSIONER OFFICE, TRIKKARIYOOR. ADV. SRI.P.G.PARAMESWARA PANICKER, SRI.P.GOPAL FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, ALONG WITH WPC NO. 18107 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ....................... W.P.(C)s.18948 & 18107/2010 ....................... Dated this the 22nd day of June, 2010 JUDGMENT In these writ petitions, the petitioners, who are the Higher Grade Sub Group Officers, are claiming promotion to the post of Special Grade Sub Group Officer under the respondent Board. According to them, overlooking rightful claims, their juniors have been promoted. The fact that juniors were promoted is not disputed by the learned Standing counsel for the Travancore Devaswom Board also. But according to the counsel, vigilance enquiry involving the names of some persons including the petitioners, is pending and that it was therefore, that their claim for promotion is delayed. 2. Although it is the case of the petitioners that their names are not involved in the ongoing vigilance enquiry, having regard to the fact that in view of Exts.P6 to P8 judgments produced in W.P.(C). 18948/2010, even if an enquiry as claimed by the learned Standing Counsel is pending, that cannot stand in the way of the respondents considering the petitioners for promotion. W.P.(C)s.18948 & 18107/10 2 3. Therefore, taking into account the view taken by this Court in the aforesaid judgments and the fact that the benefits thereof have already been extended to the petitioners involved in those cases, these writ petitions are also disposed of directing that the petitioners' claim for promotion to the post of Special Grade Sub Group Officers will be considered extending them the benefit of exemption of test qualification against the vacancies already in existence. Orders in this behalf shall be passed as expeditiously as possible, at any rate within one month of production of a copy of this judgment. It is clarified that the claim of the petitioners for seniority over persons who are already promoted, is left open to be adjudicated in an appropriate proceedings. ANTONY DOMINIC, Judge mrcs