IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 29936 of 2005(L) ------------------------------------- PETITIONER: ------------------ M.P.SAJAN, SALESTAX OFFICER, 2ND CIRCLE, PERUMBAVOOR. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF COMMERCIAL TAXES, COMMISSIONERATE OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 3. THE DEPARTMENTAL PROMOTION COMMITTEE (LOWER) OF DEPARTMENT OF COMMERCIAL TAXES, REPRESENTED BY ITS CONVENOR, COMMISSIONER OF COMMERCIAL TAXES, COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 29936/2005 l APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE MEMO NO. G3. 57372/01 DT. 27/6/2002 OF THE CONVENOER, DEPARTMENTAL PROMOTION COMMITTEE (LOWER). EXT.P2. COPY OF THE DETAILED REPLY SUBMITTED BY THE PETITIONER BEFORE THE R3 DT. 15/7/2002. EXT.P3. COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION DT. 20/6/2002 OF THE CONVENER, DPC (LOWER). EXT.P4. COPY OF THE REPRESENTATION BY THE PETITIONER BEFORE THE R3 DT. 29/07/2002. EXT.P5. COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION NO. F3. 21516/2002/TX-1 DT. 13/09/02 OF THE CONVENER, DPC (LOWER). EXT.P6. COPY OF THE RELEVANT EXTRACT OF THE ORDER NO. A8.3003/02/TX DT. 3/10/2002 OF THE DEPUTY COMMISSIONER (GENERAL), IN CHARGE OF JOINT COMMISSIONER-I, COMMERCIAL TAXES, THIRUVANANTHAPURAM. EXT.P7. COPY OF THE ORDER NO. G1. 67679/97/CT DT. 7/5/2004 OF THE COMMISSIONER OF COMMERCIAL TAXES. EXT.P7A. COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST OF SALES TAX OFFICERS FOR THE PERIOD FROM 1/3/4 TO 31/12/2003. EXT.P8. COPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONER BEFORE THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. EXT.P9. COPY OF THE REPRESENTATION DT. 24/5/2004 BY THE PTRM TO THE CONVENER, DPC (LOWER). EXT.P10. COPY OF THE ORDER NO. G.1. 67679/97/TX DT. 13/5/2005 OF THE COMMISSIONER OF COMMERCIAL TAXES. EXT.P10A. COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST OF SALES TAX OFFICERS FOR THE PERIOD FROM 1/3/94 TO 31/12/2003. EXT.P11. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVT. DT. 21/10/2005. RESPONDENT'S EXHIBITS NIL. True copy tga V.GIRI, J. ------------------------- W.P.(C).No.29936 of 2005 ------------------------- Dated this the 3rd day of March, 2008. JUDGMENT The petitioner is working as Sales Tax Officer. The Departmental Promotion Committee, for the post of Sales Tax Officer, had considered eligible persons for the year 2002. Apparently, at the first instance, the petitioner was superseded in Ext.P3 select list and he preferred Ext.P4 statutory objection. Thereafter in Ext.P5, the petitioner's name was included in the select list for the year 2002. The petitioner's grievance is that notwithstanding the inclusion in the select list, his ranking was not as mandated by Rule 28(b)(i)(vii) of Part I of the Kerala State and Subordinate Service Rules. He preferred Ext.P9 objections to the Departmental Promotion Committee. In the meanwhile, final seniority of Sales Tax Officers came to be published in Ext.P10. The petitioner preferred an appeal in terms of Rule 27(B) of the Kerala Service Rules as per Ext.P11. Exts.P4, P9 and P11 are pending. It is in these circumstances, the petitioner has preferred this writ petition. 2. I heard learned counsel for the petitioner and the learned Senior Government Pleader Sri.Nandakumar. W.P.(C).NO.29936/05 :: 2 :: 3. In the circumstances, the writ petition is disposed of as follows: The 3rd respondent shall look into Exts.P4 and P9 within two months from the date of receipt of a copy of this judgment. If the petitioner's claim is accepted, a revised select list shall be drawn up expeditiously. Thereafter, depending upon the orders to be passed as directed above, the 1st respondent shall pass orders on Ext.P11 within six weeks thereafter. In doing so, if there is any other affected person, he/she shall also be heard. Promotions, if any, effected shall be subject to the decision to be taken by the Government and the Departmental Promotion Committee as mentioned above. Sd/- (V.GIRI) JUDGE sk/ //true copy//