IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10815 of 2005(K)
1. T. SADASIVAN, REGIONAL DEPUTY DIRECTOR
... Petitioner
Vs
1. STATE OF KERALA REP. BY ITS SECRETARY
... Respondent
For Petitioner :SRI.P.RAVINDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :11/02/2008
O R D E R
V.GIRI, J.
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W.P.(C).No.10815 of 2005
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Dated this the 11th day of February, 2008
JUDGMENT
While working as Deputy Director in the State Lotteries
Department, on finding that there is no select list for the post of
Joint Director, petitioner submitted Ext.P1 representation before
the Government, firstly, for declaring his probation in the post
of Deputy Director and secondly, for promoting him to the post
of Joint Director. The request was rejected under Ext.P3. The
Government considered the request of the petitioner and stated
in Ext.P3 that the petitioner’s promotion to the post of Deputy
Director was not a regular promotion. Therefore, probation
cannot be declared in the said post at that point of time. Since,
there were no special rules governing promotion to the post of
Joint Director, it was not possible to consider the petitioner’s
request for promotion to the said post. Ext.P3 has been
challenged in the writ petition. Counter affidavit has been filed
supporting Ext.P3. The post of Joint Director fell vacant on
1.4.2004. In the absence of Special Rules governing selection to
the post of Joint Director, nobody was promoted to the said post.
WPC10815/2005 2
There is a proposal for amendment of the Special Rules. In so
far as the petitioner is concerned he was earlier awarded a
punishment of bar of increment for six months without
cumulative effect on the basis of a vigilance enquiry report as
evidenced by Ext.R4. Petitioner was facing another disciplinary
action. Reference is made to Ext.R1(a) charge memo.
2. I have heard the learned counsel for the petitioner
and the learned senior Government Pleader also.
3. The petitioner has retired from service on 30.6.2005.
Even if Ext.P3 is interfered with, it may not make any
difference, in so far as the petitioner’s claim for regular
promotion to the post of Joint Director, is concerned.
4. In the result, the writ petition is closed without
prejudice to the right of the petitioner to move for notional
promotion in the post of Deputy Director and Joint Director,
subject to finalisation of the disciplinary action. If such a
request is made it shall be dealt with in accordance with law by
the Government. Ext.P3 will not stand in the way of such request
being considered.
V.GIRI, JUDGE
csl