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Judgment
Kurian Joseph, C.J.—Petitioner has made the following prayers:
(i) That a writ of certiorari may kindly be issued and the notification dated 1st December, 2009 (Annexure P-3) may be quashed and set aside.
(ii) That a writ of mandamus may kindly be issued and the Respondents may be directed to consider the case of Petitioner for the post of Joint Controller forthwith as the Petitioner is retiring on 31.8.2010.
The reply furnished on behalf of the first Respondent reads as follows:
SCHEME FOR PREPARATION, MAINTENANCE & CUSTODY OF LISTS OF PUBLIC SERVANTS OF GAZETTED STATUS OF DOUBTFUL INTEGFRITY.
Keeping in view the provisions contained in the scheme the integrity of the Petitioner was certified and the Vigilance Department was requested to issue Vigilance Clearance Certificate vide letter dated 22.5.2010 (Annexure-R/V). Vigilance Clearance Certificate has now been received on 8th June, 2010 and without any loss of time the Petitioner is being considered for promotion to the post of Joint Controller (F&A) alongwith his seniors. It is submitted that in case Petitioner is found fit by the Departmental Promotion Committee, he would be promoted as Joint Controller (F&A).
It is seen that the Petitioner is due to retire on 31.8.2010. Therefore, this writ petition is disposed of directing the first Respondent to convene and hold a DPC before 31.7.2010 and do the needful in the light of the Scheme as stated in the reply. The Petitioner will produce the copy of this order along with copy of reply to the first Respondent.