M N KONTHALAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE surviving grievance of the petitioner is only with regard to non-inclusion of the name of the petitioner in the select list for promotion to the post of Sub Inspector of Police for the vacancy during 2000. In the counter affidavit at page 4 it is stated that the name was not included in the select list since the punishment awarded in 1996 is valid till 1999. I am afraid the contention cannot be factually appreciated. THEre is no dispute that for three years the petitioner can be excluded from the zone of consideration. Since the punishment is of the year 1996 and since the vacancy admittedly is of the year 2000 he cannot be denied consideration for the vacancy in respect of 2000. THErefore, this writ petition is disposed of declaring that since the only objection for non-consideration is the punishment of 1996 and since the restriction is only for a period of three years and since the vacancy is of the year 2000, the petitioner shall be treated to be eligible for the vacancy in the year 2000. THEre will be a direction to the first respondent to take appropriate action in the light of the above declaration for granting the benefits to the petitioner on a notional basis since he has already retired from service and steps shall also be taken to refix the pension accordingly within a period of three months from the date of production of a copy of the judgment.