IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 1756 of 2011(T) ---------------------------------- PETITIONER(S): ----------------------- UTHAMAN.P., S/O.P.K.PADMANABHAN, AGED 42 YEARS, LOWER DIVISION CLERK, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 035. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 035. 4. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA-688 005. R1 TO R4 BY GOVERNMENT PLEADER ADV. SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SMT S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.1756 OF 2011 --------------------------------------- Dated this the 4th day of February, 2011 JUDGMENT The petitioner was an L.D.Clerk in the Health Services Department. Pursuant to the decision to dispense with the dual control system of employees of Health Services Department in the Medical Education Department options were invited, pursuant to which the petitioner opted for the Medical Education Department. He was posted at Medical College, Alappuzha. By that time, the petitioner's turn for promotion as U.D. Clerk in the Health Services Department arose. He was therefore not relieved from the Health Services Department. He filed W.P.(C) No.29779/2009 pursuant to which the petitioner was relieved to join the Medical Education Department as Lower Division Clerk. But, in the Medical Education Department, he was granted seniority only from the date of joining on transfer. According to the petitioner, he is entitled to seniority from the date of effective advice by the PSC in the Health Services Department itself, W.P.(C)No.1756/11 2 insofar as this is not an inter- district or inter-departmental transfer. Therefore, the petitioner has filed Ext.P10 representation in this regard before the second respondent. In the meanwhile, the Government issued Ext.P11 in respect of further options as per which, according to the petitioner, a U.D. Clerk in the Health Services Department can move to Medical Education Department as U.D.Clerk itself, without forgoing the promotion. The petitioner submits that this amounts to discrimination as well. The petitioner now seeks a direction to the second respondent to consider and pass orders on Ext.P10 expeditiously. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the second respondent to consider and pass orders on Ext.P10, after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.1756/11 3 W.P.(C)No.1756/11 4