IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 15479 of 2010(H) -------------------------- PETITIONER(S): --------------- GEORGE EAPEN, PARAPURACKAL VEEDU, MYTHREEPURAM, THRIKKAKARA.P.O, COCHIN-21, NOW WORKING AS SECRETARY, SPECIAL GRADE MULAVUKAD GRAMA PANCHAYAT, MULAVUKAD. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.S.SHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVT. LOCAL SELF DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTORATE OF PANCHAYAT, O/O.THE DIRECTORATE OF PANCHYAT, THIRUVANANTHAPURAM. 3. DEPARTMENTAL PROMOTION COMMITTEE, REP.BY ITS CONVENOR (DIRECTOR OF PANCHAYATS). 4. K.P.SABUKUTTAN NAIR, ASSISTANT DIRECTOR OF PANCHAYAT, KOLLAM. ADV. SRI.N.UNNIKRISHNAN FOR R4 GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. A true copy of the list containing the names of the officers from feeder category for promotion to the post of Senior Superintendent. Ext.P2. A true copy of the select list of the Department Promotion Committee vide its Proceedings dated 12.9.2007 has published a Select list f officers to be promoted to the post of Senior Superintendent. Ext.P3. A true copy of the Order No. E11-2/2004 dated 3.12.2007 issued by the 2nd respondent. Ext.P4. A true copy of the representation dated 18.12.2007 submitted by the petitioner to the 2nd respondent. Ext.P5. A true copy of the Order No. E 11-2/2004 dated 30.1.2008 issued by the 2nd respondent. Ext.P6. A true copy of the representation dated 15.3.2010 submitted by the petitioner to the 2nd respondent. Ext.P7. A true copy of the Order No. GO(Rt) No.1576/2010/LSGD dated 12.5.2010 issued by the Government of Kerala. //true copy // P.S to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.15479 OF 2010(H) -------------------------------------------------- Dated this the 18th day of March, 2011 J U D G M E N T Petitioner herein is the writ petitioner in WP(c). No.4899/2010. Today I have rendered judgment in WP(c). No.4899/2010 dismissing the writ petition and upholding the punishment imposed on him. 2. His grievance in this writ petition is that though he was included in Ext.P1 select list for promotion to the post of Senior Superintendent at Sl. No.69, subsequently when Ext.P2 select list was published, he was excluded. It is stated that thereafter by Exts.P3 and P5, his juniors were promoted. On the premise that he was illegally suspended, the petitioner seeks a direction that he should be promoted to the post of Senior Superintendent at least from the date on which his junior was promoted. 3. Counter affidavit has been filed by the respondents, where the justification offered is that the petitioner was facing a disciplinary action and therefore the Departmental Promotion Committee excluded him from the selection. WPC.No.15479 /2010 :2 : 4. The disciplinary action initiated against the petitioner resulted in an order imposing punishment withholding one increment with cumulative effect. The said order of punishment confirmed in appeal by the Government and also by this court in WP().No.4899/2010. Necessarily therefore the exclusion of the petitioner from the select list cannot be faulted. If that be so, consequently this writ petition is only to be dismissed and I do so. (ANTONY DOMINIC) JUDGE vi/