IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 34389 of 2008(R) ----------------------------------------- PETITIONER(S): ------------------------ C.SYAM, S/O.N.CHANDRA BOSS, AGED 36 YEARS, ASSISTANT MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, PUNALUR. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARYTO GOVERNMENT,DEPARTMENT OF TRANSPORT,SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER FOR TRANSPORT, TRIVANDRUM. 3. THE CONVENOR,DEPARTMENTAL PROMOTION COMMITTEE (LOWER)MOTOR VEHICLES DEPARTMENT, TRIVADRUM. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34389/2008 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(RT) NO.267/2008/TRAN.OF THE GOVERNMENT DTD. 24/07/2008. EXT.P2: COPY OF THE NOTIFICATION NO.A2-6355/TC/2005 OF THE STATE TRANSPORT AUTHORITY DTD. 24/02/2007. EXT.P3: COPY OF THE ORDER NO.A1/9196/TC/2007 OF THE 2ND RESPONDENT DTD. 18/06/2007. EXT.P4: COPY OF THE ORDER NO.A3/14261/TC/2007 AND THE EXTRACT OF THE SENIORITY LIST DTD. 13/08/2007. EXT.P5: COPY OF THE REQUEST OF THE PETITIONER DTD. 08/08/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.34389 of 2008 -------------------------- Dated this the 29th January,2009 J U D G M E N T The petitioner is seeking for a direction to the Convenor of the Departmental Promotion Committee to consider Exhibit-P5 in accordance with law and for convening an adhoc Departmental Promotion Committee for the year 2007 and to consider his inclusion in Exhibit- P2 select list. He is working as Assistant Motor Vehicle Inspector in Sub Regional Transport Office, Punalur. Disciplinary action was initiated against him after the Vigilance and Anti-check Cell conducted a surprise visit at Sales Tax Check Post, Amaravila on 12.8.2002. This was finalised by imposition of minor penalty of withholding of two increments without cumulative effect. This is evidenced by Exhibit-P1. In the meanwhile, his juniors were included in the select list for the post of Motor Vehicle Inspector and they have obtained promotion based on such list also. Exhibit-P2 is the W.P ( C) No.34389 of 2008 2 select list published on 1.5.2007. It is averred that petitioner has filed his objection against the D.P.C Select List. Exhibit P3 evidences the fact that a number of his juniors have obtained promotion. Exhibit-P4 is the seniority list, wherein, his name is shown as Sl.No.9. According to the petitioner, persons up to Sl. No.22 have been promoted. 2. Heard learned Government Pleader also. It is pointed out that the select list was finalised after Exhibit-P2 on 1.5.2007 and remedy of the petitioner was to approach the Departmental Promotion Committee at the relevant point of time. Learned counsel for the petitioner submitted that going by the relevant provisions of Rule 28 of K.S.& S.S.R, after the finalisation of the disciplinary proceedings petitioner has got a right to move the Convenor of the Departmental Promotion Committee to seek a meeting of the Adhoc Departmental Promotion Committee, so that his position will be restored. 3. I am not expressing any opinion on the merits of the case. Since it is submitted that Exhibit-P5 has been W.P ( C) No.34389 of 2008 3 submitted through proper channel, there will be a direction to respondents 2 and 3 to consider the request made by the petitioner in Exhibit-P5, in accordance with law, with notice to any affected parties also, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.34389 of 2008 4 W.P ( C) No.34389 of 2008 5