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Judgment
A.K. Basheer, J.—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.
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.
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.