Ongoing disciplinary proceedings prevent inclusion in promotion select lists; temporary promotions can be made, emphasizing timely assessment of eligibility and merits for vacant posts.

JUDGMENT :

MURALEE KRISHNA S., J.

1. This original petition is filed by the 5^th respondent in O.A.No.130 of 2025 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (for short the ’Tribunal’), challenging Exts.P7 and P8 interim orders dated 23.07.2025 passed by the Tribunal in M.A.Nos.1249 of 2025 and 1269 of 2025 respectively, in that Original Application.

2. As per the pleadings in the Original Petition, the petitioner is presently working as Deputy Superintendent at Central Prison, Poojapura, Thiruvananthapuram. His name has been included in the select list dated 04.06.2025 for promotion to the post of Joint Superintendent for the year 2025. The 1^st respondent is the senior-most Deputy Superintendent, who has been superseded from being included in that select list due to the pendency of a criminal case and disciplinary proceedings against him. Being aggrieved, the 1^st respondent approached the Tribunal by filing O.A.No.130 of 2025, invoking the provisions under Section 19 of the Administrative Tribunals Act, 1985, seeking a declaration that he is eligible and entitled to be promoted as Joint Superintendent with effect from the date of promotion of his immediate junior in Annexure A1 seniority list dated 27.04.2019. In the Original Application, the 1^st respondent has also sought for a direction against respondents 2 to 5 herein to grant retrospective promotion to him as Joint Superintendent with effect from the date of promotion of his immediate junior with all service and monetary benefits. The 1^st respondent sought an interim order to provisionally promote him to the said post during the pendency of the original application. The Tribunal adjourned the matter to get instructions as to the status of the disciplinary proceedings against the 1^st respondent. Then the 1^st respondent approached this Court by filing OP(KAT)No.257 of 2025. By Annexure R5(d) judgment dated 17.06.2025, this Court disposed of that original petition by granting an interim order for a period of six weeks. Paragraphs 2 to 4 of that judgment read thus;

"2. The learned Government Pleader on instructions submits that a select list to the post of Joint Superintendent has been prepared by the DPC, and the following persons have been considered for the promotion.

3. Considering the above, we passed the following order on 12.06.2025.

"We direct that one post of Joint Superintendent in Prisons & Correctional Services Department shall be kept vacant and shall not be filled up based on G.O. (P) no.73/2025/HOME Dated, Thiruvananthapuram, 04-06-2025 issued by the Additional Chief Secretary (Home & Vigilance Department) without further orders from this Court."

4. In the light of the above, we are of the view that the above interim order can be retained for a period of six weeks, The petitioner, in the meanwhile, shall implead the aforesaid persons before the Tribunal. The petitioner is free to seek extension of above interim order before the Tribunal. This original petition is disposed of as above."

3. In pursuance to Annexure R5(d) judgment, by Ext.P7 interim order dated 23.07.2025 in M.A.No.1249 of 2025, which is an application filed by the petitioner herein seeking an order to vacate the interim order dated 12.06.2025 passed by this Court, it was held by the Tribunal that evidently since the order dated 12.06.2025 was passed by this Court, the Tribunal cannot modify the said order. Therefore, that interlocutory application was dismissed by the Tribunal.

4. The 1^st respondent filed M.A.No.1269 of 2025 before the Tribunal seeking extension of the i