IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 6624 of 2009(W) ------------------------- PETITIONER: --------------- E.SATHYANATHAN, AGED 50 YEARS, SON OF LATE RARICHAN, MASSEUR, DISTRICT AYURVEDIC HOSPITAL, KOZHIKODE, RESIDING AT KARUVANTHODIYIL, VENGERI VILLAGE, KARUVASSERY AMSOM DESOM, KOZHIKODE DIST. BY ADV. SRI.P.R.SREEJITH RESPONDENTS: --------------- 1. DISTRICT MEDICAL OFFICER, (INDIAN SYSTEM OF MEDICINE), KOZHIKODE. 2. SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.6624 of 2009 -------------------------- Dated this the 16th March,2009 J U D G M E N T The petitioner is presently working as Masseur in the District Ayurvedic Hospital, Kozhikode. His initial appointment was as a Part-time Sweeper on 3.10.1983 and he was appointed as Hospital Assistant on 31.3.1987. Thereafter, he worked as Attender-cum-Nursing Assistant from 23.5.1989. While the petitioner was working as Attender-cum-Nursing Assistant, as per Exhibit-P1 the list of 10 candidates eligible for promotion as Masseur was published. He was Sl. No.10 therein. Petitioner subsequently got promotion as Masseur as per Exhibit-P2 order dated 2.7.2008. 2. By Exhibit-P3, a notice was served on him proposing to cancel the promotion thus granted. It is mentioned in Exhibit-P3 that it is based on some complaint. He replied by submitting Exhibit-P4. 3. In this writ petition, he has challenged Exhibit- P3. Learned counsel for the petitioner submitted that a W.P ( C) No.6624 of 2009 -2- copy of the complaint has not been given to him so far and therefore before any action is taken on Exhibit-P3 he may be given an opportunity for personal hearing also. 4. Learned Government Pleader, on instructions, submits that one Sri. M.V. Moideen, Attender Gr.I in Government Ayurveda Dispensary, Kayamkulam has objected to the promotion granted to the petitioner. 5. In the result, the writ petition is disposed of directing the 1st respondent to issue a copy of the complaint filed by the said complainant to the petitioner within a period of two weeks from the date of receipt of a copy of this judgment. Petitioner will be entitled to submit an additional explanations, if any, after receipt of the said complaint. Before passing final orders in the matter, petitioner and the complainant Sri. M.V. Moideen will be given an opportunity for personal hearing also. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.6624 of 2009 -2- W.P ( C) No.6624 of 2009 -2-