IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 36150 of 2009(K) -------------------------- PETITIONER: -------------- C.K.SUKUMARAN, JUNIOR SUPERINTENDENT, OFFICE OF THE COMMISSIONR FOR RURAL DEVELOPMENT, L.M.S.COMPOUND, P.O.VIKAS BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF RURAL DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, COMMISSIONERATE OF RURAL DEVELOPMENT, THIRUVANANTHAPURAM. 3. THE DEPARTMENTAL PROMOTION COMMITTEE, FOR THE POST OF SENIOR SUPERINTENDENT COMMISSIONER FOR RURAL DEVELOPMENT, L.M.S. COMPOUND, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 36150 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2009 JUDGMENT Petitioner is working as a Junior Superintendent in the Rural Development Department and is aspiring for promotion to the post of Senior Superintendent. According to the petitioner his claim for promotion has not been considered for the reason that a Vigilance case, VC No.7/02, is pending against the petitioner. Petitioner contends that the pendency of the vigilance case shall not be a reason to deny his promotions particularly having regard to the facts narrated in the Writ Petition. It is pointed out that urging his claim, he has filed Ext.P10 before the 2nd respondent, who is also a Convener of the DPC. 2. In view of the pendency of Ext.P10, it is directed that 2nd respondent shall consider the said representation as expeditiously as possible and at any rate, within six weeks of production of a copy of this judgment along with a copy of this writ petition. 3. In so far as the contention of the petitioner against WPC : 36150 of 2009 -:2:- the unsustainability of the Vigilance proceedings is considered, those contentions are left open to be urged in appropriate proceedings. Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE ttb