IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29458 of 2008(F) -------------------------- PETITIONER(S): --------------- 1. CUBERT P, JUNIOR HEALTH INSPECTOR GRADE II,PRIMARY HEALTH CENTRE, ARYANAD.P.O, THIRUVANANTHAPURAM DISTRICT. 2. A.JAYACHANDRAN NAIR, JUNIOR HEALTH INSPECTOR GRADE II,COMMUNITY HEALTH CENTRE, ANCHUTHENGU.P.O, THIRUVANANTHAPURAM DISTRICT. 3. P.K.GIREESH KUMAR, JUNION HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, AZHOOR, SASTHAMKOTTA.P.O, (VIA) PERUMGUZHY, THIRUVANANTHAPURAM,695305. 4. D.SYAMKUMAR, JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, VILAPPIL.P.O, THIRUVANANTHAPURAM DISTRICT. 5. K.THULASEEDHARAN NAIR, JUNIOR HEALTH INSPECTOR GRADE II, RURAL HEALTH CENTRE, VAKKOM, THIRUVANANTHAPURAM DISTRICT. 6. GOPAKUMAR.V, JUNIOR HEALTH INSPECTOR GRADE II, COMMUNITY HEALTH CENTRE, VELLARADA, THIRUVANANTHAPURAM DISTRICT. 7. K.R.AJAYAKUMAR, JUNIOR HEALTH INSPECTOR GRADE II, COMMUNITY HEALTH CENTRE, VIZHINJAM, THIRUVANANTHAPURAM DISTRICT. 8. K.KRISHNANKUTTY, JUNIOR HEALTH INSPECTOR GRADE II, COMMUNITY HEALTH CENTRE, VIZHINJAM, THIRUVANANTHAPURAM DISTRICT. 9. RAVIKUMAR R, JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT. W.P.(C) No.29458/2008 : 2 : 10. G.SURESH KUMAR, JUNIOR HEALTH INSPECTOR GRADE II, PHC ADAYAMON AND COMMUNITY HEALTH CENTRE KAMAVAPURAM. 11. KUNJUMOLE C, JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, CHERUNNIYOOR AND COMMUNITY HEALTH CENTRE, MANAMBOOR. 12. J.AMMINI, JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, PALLICKAL & COMMUNITY HEALTH CENTRE, KESAVAPURAM. 13. M.NAZAR, JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, KALLARA, THIRUVANANTHAPURAM DISTRICT. 14. SATHEESH BOSE K, ROHINI, VELLOORKONAM, KOOVALASSERY.P.O, THIRUVANANTHAPURAM.(JHI GR II, PHC, VILAPPIL) 15. SUSEELKUMAR, JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, MALAYADI, NEAR VITHURA, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. 16. MANMADHAN D, JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, POONTHURA, THIRUVANANTHAPURAM DISTRICT. 17. BIJU S,S,JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT. 18. V.VIJAYAKUMAR, JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, VILAPPIL, THIRUVANANTHAPURAM DISTRICT. BY ADV. SMT.P.V.ASHA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT, HEALTH AND FAMILY WELFARE (C)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No. 29458 of 2008 ------------------------------- Dated this the 6th October, 2008. J U D G M E N T The petitioners are presently working as Junior Health Inspectors Grade II in the Health Services Department. They entered service as Field Workers on various dates. They had earlier moved this Court by filing O.P.No.21578 of 2002 complaining about the delay in promoting them to the post of Junior Health Inspector Grade II. By Ext.P4 judgment delivered on 22.10.2002, this Court directed the official respondents to consider the grievance voiced by the petitioners, taking note of their seniority in the feeder category, the qualifications possessed by them and the number of vacancies of Junior Health Inspector Grade II available to be filled up by promotion, within a period of three weeks from the date of receipt of a copy of the judgment. Even thereafter, they were not promoted and they were forced to file O.P.No.13442 of 2003 which resulted in Ext.P6 judgment W.P.(C) No.29458 of 2008 2 delivered on 6.11.2003. It was only thereafter that they were promoted as Junior Health Inspector Grade II. The petitioners complain that their promotion was delayed because of the illegal steps taken by the Department to fill up vacancies by direct recruitment, ignoring the stipulations in the Government Orders then prevailing which stipulated that direct recruitment could be resorted to only in the absence of qualified hands in the feeder categories, eligible for promotion. 2. The Petitioners submit that the Government have in Ext.P11 order dated 7.4.2008 accepted the said fact and have ordered that the seniority of Sri.Rajesh Puravankara and others who are similarly situate as the petitioners would be fixed as and when general orders regarding seniority are issued. Relying on Ext.P11, the petitioners have submitted Ext.P12 series representations seeking identical reliefs. W.P.(C) No.29458 of 2008 3 3. When the writ petition came up for admission today, Smt.P.V.Asha, the learned counsel appearing for the petitioners, submitted that for the time being, the petitioners will be satisfied with a direction to the Secretary to the Government, Health and Family Welare Department, to consider and pass orders on Ext.P12 series representations in the light of Ext.P11 Government order and the finding therein. The learned Government Pleader also submitted that the Secretary to Government, Health and Family Welfare Department will consider the grievance voiced by the petitioners in Ext.P12 series representations and take a decision thereon, as expeditiously as possible, and in any case, within three months from today. In the light of the said submission, I dispose of the writ petition with a direction to the Secretary to Government, Health and Family Welfare Department, to consider the grievance voiced by the petitioners in Ext.P12 series representations, after W.P.(C) No.29458 of 2008 4 notice to and affording one among the petitioners whom they may nominate as their representative an opportunity of being heard, and pass orders thereon, within three months from the date on which petitioners produce a certified copy of this judgment. P.N.RAVINDRAN, JUDGE nj.