IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22404 of 2011(A) ---------------------------------------- PETITIONER(S): ---------------------- M. SUBRAHMANIAN, DRIVER GRADE II (RTD.), MANAL HOUSE, P.O. BEYPORE, KOZHIKODE-673 015. BY ADV. SRI.B.V.JOY SANKER, SRI.JACOB CHACKO. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM-695 001. 2. DISTRICT MEDICAL OFFICER OF HEALTH, KOZHIKODE-673 012. R1 & R2 BY GOVT. PLEADER SMT.SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 22404 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 30/10/2000. EXT.P2: COPY OF THE JUDGMENT IN WP(C) NO. 27741/2009. EXT.P3: COPY OF THE REPRESENTATION DATED 29/10/2010 SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.22404 of 2011 ---------------------------- Dated 18th August, 2011 JUDGMENT The petitioner retired from the service of the Health and Family Welfare Department on 31.3.2010 while working as Driver Grade-II. The contention of the petitioner is that he was eligible for promotion to the post of Driver Grade-I and then to the post of Senior Driver. Earlier, the petitioner has approached this Court, along with certain others, by filing W.P.(C)No.27741 of 2009. The said writ petition was disposed of with a direction to the Director of Health Services to consider and pass orders on Ext.P4 representation, taking into account Ext.P3 referred as such therein, within the time limit stipulated in the judgment. The grievance of the petitioner is that on such consideration in terms of Ext.P2 judgment the respondents have granted promotion to the other three petitioners therein. However, the petitioner was not given promotion to the aforesaid post. In the said circumstances, raising grievances against the said action in discriminating the petitioner in the matter of promotion and also raising such other grievances he has preferred Ext.P3 representation before the Director of Health Services. Ext.P3 is still pending consideration before the Director of Health Services. It is alleging inaction on Ext.P3 that WP(C).No.22404/2011 2 this writ petition has been filed. Taking into consideration of the fact that Ext.P3 representation has been filed by the petitioner before the Director of Health Services and it is still pending before the said authority, this writ petition is disposed of with a direction to the Director of Health Services to consider and pass appropriate orders on Ext.P3. To enable the Director of Health Services to consider Ext.P3 representation in terms of this judgment the petitioner shall produce a copy of this judgment along with Ext.P3 representation before the Director of Health Services. On receipt of the same, the Director of Health Services shall consider Ext.P3 and pass appropriate orders thereon expeditiously, at any rate, within a period of three months. It is made clear that this Court has not made any observation as to the merits of the contentions of the petitioner. If any person is likely to be affected by a favourable consideration such person shall also be put on notice. Sd/- C.T.RAVIKUMAR Judge TKS