IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 33875 of 2006(G) -------------------------- PETITIONER : -------------------- J.HARIDAS, FOREST RANGE OFFICER, MACHAD RANGE, THRISSUR FOREST DIVISION, THRISSUR DISTRICT. BY ADVS. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, GOVT. OF KERALA, TRIVANDRUM. 2. THE CHIEF CONSERVATOR OF FOREST (ADMN.), THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SRI. V.T.K. MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 33875 of 2006(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT DT. 27.09.2006 IN WP(C) NO. 25248 OF 2006. EXT.P2 : COPY OF COMMUNICATION DT. 11.12.06 ISSUED BY R2. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.33875 Of 2006 ----------------------------------------------------- DATED THIS THE 28th DAY OF JANUARY, 2011 J U D G M E N T The petitioner, a Forest Range Officer, at the time of filing of this Writ Petition, sought for a direction to grant him promotion by immediately constituting a Departmental Promotion Committee. It appears that a Vigilance case was registered against him at the relevant time. He was due to retire from service on 30.6.2007. This Court on 14.6.2007 passed an interim order to the following effect: ............. Since the petitioner is retiring this month and the DPC may not meet in between to consider his claim, it is ordered that if he is cleared and found otherwise eligible, he shall not be denied the benefits of promotion, on the ground that he retired from service, if his turn for promotion arose before 30.6.2007. 2. The vigilance case is pending trial before the Vigilance Court, Kottayam and the petitioner has received summons to appear on 1.2.2011. 3. Since the rights of the petitioner are protected by the W.P.(C)No.33875/06 -2- interim order, no further orders are called for in the Writ Petition. Depending upon the outcome of the vigilance case, the petitioner's claim will be considered at the appropriate time. The Writ Petition is disposed of as above, recording the interim order. No costs. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn