IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7308 of 2007(T)
1. T.NARAYANAN, S/O.V.S.MENON,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE COMMISSIONER OF LAND REVENUE,
3. THE DISTRICT COLLECTOR,
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
Dated :06/03/2007
O R D E R
A.K. BASHEER, J.
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W.P.(C). NO. 7308 OF 2007
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Dated this the 6th day of March, 2007
J U D G M E N T
Petitioner, who is working as Special Tahsildar, Land
Tribunal, Ottapalam, has preferred this writ petition praying for a
direction to issue a writ of mandamus or such other appropriate writ
or direction to respondents 1 and 2 to promote him to the cadre of
Deputy Collector forthwith.
It is the admitted position that the name of the petitioner was
considered for promotion to the post of Deputy Collector on a
previous occasion. It appears that the Departmental Promotion
Committee (Higher) of Land Revenue Department at its meeting held
on November 7, 2006, had recommended the names of some of the
colleagues of the petitioner for promotion. However, the Committee
recommended to supersede the petitioner and two others. In the
case of the petitioner, the committee noticed that disciplinary action
was pending against him. Government had issued Ext.P5
notification accepting the recommendations of the Disciplinary
Promotion Committee.
WPC NO.7308/07 Page numbers
2. Learned counsel submits that the disciplinary proceedings
against the petitioner have now been dropped as revealed from
Ext.P8 proceedings of the District Collector, Palakkad. It is in the
above circumstance that the petitioner has filed this writ petition with
the prayer mentioned supra.
3. I have heard learned Government Pleader also. It is
submitted by him that the petitioner’s request for promotion will be
considered by the Government if there is no other legal impediment.
He points out that the Departmental Promotion Committee may have
to meet again to consider the case of the petitioner in the changed
scenario. I do not propose to go into that question. Suffice it to say
that it will be open to the petitioner to move the appropriate authority
for expeditious action in the matter. If such a request is received by
the Government, appropriate orders shall be passed as expeditiously
as possible, at any rate, within three weeks from the date of receipt
thereof. It will also be open to the Government to consider whether
the petitioner can be promoted provisionally. Petitioner shall
produce a certified copy of the judgment along with a copy of the
representation before the appropriate authority for compliance.
A.K. BASHEER, JUDGE
vps
WPC NO.7308/07 Page numbers
KURIAN JOSEPH, JUDGE
OP NO.
JUDGMENT
WPC NO.7308/07 Page numbers
21st DECEMBER, 2006