IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 284 of 2009(H) ------------------------ PETITIONERS: --------------- 1. R.AJI, L.D.C., CIRCLE FOOF INSPECTOR OFFICE, SASTHAMCOTTAH, R/AT PERUMPUZHA VEEDU, MADAPPALLY, MUNKUNDAPURAM P.O., CHAVARA, KOLLAM. 2. R.JAYANANDA BOSE, L.D.C., DISTRICT MEDICAL OFFICE, (HEALTH) KOLLAM, R/AT BOSE BHAVAN, KANJIRAMKUZHI, PERINAD P.O., KOLLAM. 3. C.J.SAFEENA, L.D.C, PUBLIC HEALTH CENTRE ALAPPAD, R/AT KIZHAKKE PUTHENPURAYIL, KOLLAKA P.O., KARUNAGAPPALLY 690 536. 4. JOHNSON THOMAS, L.D.CLERK, PUBLIC HEALTH CENTRE, EZHUKONE, PAVITHRESWARAM, R/AT KARALIL JOHNSON VILLA, EAST KALLADA P.O., KOLLAM 691 502. 5. NASA ASLAM, L.D.C, TALUK HOSPITAL, KARUNAGAPPALLY, R/AT KHAJA MANZIL, EDAPPULLIKKOTTAH P.O., CHAVARA, KOLLAM. 6. RAMESAN.N., L.D.CLERK, TALUK HOSPITAL, KARUNAGAPPALLY, R/AT PULIPRAYIL HOUSE, MUKUNDAPURAM P.O., CHAVARA, KOLLAM. 7. M.FAZALUDHEEN, L.D. CLERK, TALUK HOSPITAL, KARUNAGAPPALLY, R/AT PULIPRAYIL HOUSE, MUKUNDAPURAM P.O., CHAVARA, KOLLAM. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON WP(C).No. 284 of 2009 -2- RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY GOVT PLEADER SRI.P. NANDAKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.284 of 2009 -------------------------- Dated this the 17th February,2009 J U D G M E N T Petitioners, who are working as Lower Division Clerks in the Health Department, are seeking for promotion to the post of U.D Clerks. Their case is that the same is not being done in spite of the availability of 271 vacancies. They are fully qualified to hold the posts of U.D.Clerks. 2. On behalf of the 3rd respondent, a statement has been filed. It is averred that all the petitioners have been included in the seniority list of Lower Division Clerk from 1.4.1997 to 31.12.2002 published as per Order No.ES2-88777/07/DHS dated 14.1.2009. It is also submitted that as per letter dated 15.1.2009, the present whereabouts of Lower Division Clerks with their probationary status, details of acquiring test qualification and leave without allowance/Other duty particulars have been called for from all District Medical Officers. On receipt of these details from the District Medical Officer W.P ( C) No.284 of 2009 2 (Health) promotion to the cadre of Upper Division Clerk will be considered without any further delay. Proceedings dated 14.1.2009 is produced as Exhibit R3(a). Learned counsel for the petitioners submitted that the details regarding the qualification acquired by the petitioners and similarly placed persons have to be considered by the authority before passing orders granting promotion to fill up the vacancies. There is nothing as on today to show that the authority will not consider those aspects. Petitioners can raise their grievance in the matter before the respondents. If the petitioners file an appropriate representation before the 3rd respondent, it will be considered in accordance with law. The final orders as directed above may be passed expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.284 of 2009 3 W.P ( C) No.284 of 2009 4