IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 34479 of 2010(H) -------------------------------------- PETITIONER(S): ---------------------- DR.ANITHA D, SUPERINTENDENT,E.S.I(C.D)HOSPITAL, MULANKUNNATHUKAVU, THRISSUR. BY ADVS. SRI.T.V.AJAYAKUMAR SRI. SREEJA.K.K RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & REHABILITATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001 . 2. THE DIRECTOR OF INSURANCE MEDICAL SERVICES,THIRUVANANTHAPURAM-695 014. R1 & R2 BY GOVT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.34479 OF 2010 --------------------------------------- Dated this the 16th day of November, 2010 JUDGMENT The petitioner is presently working as Superintendent of ESI Hospital, Thrissur since 12.6.2009. The petitioner has now been promoted as Joint Director of Insurance Medical Services. According to the petitioner, the petitioner has submitted Ext.P11 statement of relinquishment of promotion stated to be as directed by the Government in Ext.P9. However, by Ext.P15 order, the petitioner has now been directed to be relieved to take charge of the promoted post without passing orders on Ext.P11. According to the petitioner, as per the Government orders in force, the petitioner cannot be forced to take up the promoted post, when the petitioner has already submitted Ext.P11 statement of relinquishment of promotion to the post. Therefore, the petitioner seeks the following reliefs: “i) issue a writ of Certiorari or other appropriate writ, direction or order calling for the records leading to Ext.P- 14 and P-15 and quash the same. ii) issue a writ of Mandamus or other appropriate writ, direction or order directing the 1st respondent to accept the Ext.P-11 statement of relinquishment of promotion as Joint Director/Regional Deputy Director in W.P.(C)No.34479/10 2 the Insurance Medical Services, submitted by the petitioner. iii) to declare that Ext.P-16 Government order is not in force and in applicable being revised by Ext.P- 17 Government order or to declare the Guideline No. (vi) in paragraph 3 of Ext.16 Government Order is null and void. iv) to issue a writ of Mandamus or other appropriate writ, direction or order directing the 2nd respondent to revise Ext.P-12 seniority list of Insurance Medical Officers assigning the petitioner proper ranking taking into account her eligible qualified service on the basis of Ext.P-1 Government order and to direct the 1st respondent to review the Ext.P-15 promotion to the post of Joint Director of Insurance Medical Services Department accordingly.” 2. I have heard the learned Government Pleader also. I am of opinion that, when the petitioner has submitted Ext.P11 relinquishment statement, the appropriate authority has a duty to consider and pass orders on the same before the petitioner can be directed to take charge in the promoted post. Accordingly, this writ petitioner is disposed of with a direction to the first respondent to consider and pass orders on Ext.P11 as expeditiously as possible. Till orders are passed on Ext.P11, the petitioner shall not be relieved from ESI Hospital, Thrissur to join the post which the petitioner has been promoted. The petitioner shall be afforded an opportunity of being heard before passing orders on Ext.P11. It would be W.P.(C)No.34479/10 3 open to the petitioner to rely on any order in favour of the petitioner, the applicability of which shall also be considered by the Government. S. SIRI JAGAN, JUDGE acd W.P.(C)No.34479/10 4