IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 1891 of 2009(A) ------------------------- PETITIONER(S): --------------- K.V.SACHETHANAN, ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, MUTTIL P.O., WAYANAD DISTRICT. RESIDING AT "SREEVALSAM", POOCHAKKAL P.O., CHERTHALA 688 526. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES (F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) TAXES (F) DEPARTMENT (EXCISE), THIRUVANANTHAPURAM, REPRESENTED BY ITS CONVENOR. BY G.P. SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1891 of 2009-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2009. JUDGMENT The petitioner is aggrieved by the non-declaration of his probation in the post of Assistant Commissioner. He is also aggrieved by the non- consideration of his candidature by the third respondent, Departmental Promotion Committee to the post of Deputy Commissioner in accordance with the relevant rules of K.S. & S.S.R., viz. Rule 28(b)(i)(vii). After joining the service of the Excise Department as Excise Guard in 1981, the petitioner obtained promotion as Excise Inspector directly on the advice of the Public Service Commission and finally he obtained promotion as Asst. Excise Commissioner on 7.7.2006. It appears that there were some allegations against him while working as Excise Inspector at Cherthala which resulted in issuance of Ext.P1 memo of charges. He submitted Ext.P2 reply. It is averred that thereafter nothing was heard in the matter and no enquiry was conducted. No penalty was imposed on the basis of the charges also. According to him, it can only be presumed that the disciplinary action proposed have been dropped. By Exts.P3 and P3(a), the Government have upgraded 14 posts of Asst. Excise Commissioner as WPC 1891/2009 2 Deputy Commissioner. A final seniority list of Asst. Commissioners for the period from 1.7.2004 to 31.12.2006 has been drawn by the second respondent as per Ext.P4. The petitioner is serial No.8 and two of his juniors, viz. Shri K.N. Mohanlal and Shri C.M. Shanavas have been placed as serial Nos.9 and 10 in the said list. Seeking for assignment of appropriate ranking in the said list, the petitioner has moved the respondents by various representations. But meanwhile, as per Ext.P5, the Government has published a select list of persons who are to be promoted as Deputy Commissioner and in the said list also, the petitioner's name has been excluded, even though two of his juniors whose names have been mentioned already, have been included. This led to the filing of Exts.P6 and P7 representations by the petitioner. Learned counsel for the petitioner submits that since the respondents have not taken a decision on the said representations, the same may be directed to be considered in accordance with law, expeditiously, as already his juniors have obtained promotion. 2. There will be a direction to the first respondent to consider and pass orders on Ext.P6 in accordance with law, within a period of three months from the date of receipt of a copy of this judgment, with notice to WPC 1891/2009 3 the petitioner and other affected parties. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/