IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35708 of 2009(G) -------------------------- PETITIONER(S): --------------- SHAMSUDEEN KUNJU, AGED 54 YEARS S/O.IBRAHIMKUTTY, HOSPITAL ATTENDER GR.II ESI DISPENSARY, THODIYOOR, KOLLAM RESIDING AT 'SHA' MANZIL, KULASEKHARAPURAM,KARUNAGAPPALLY KOLLAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LABOUR AND REHABILITATION DEPARTMENT,THIRUVANANTHAPURAM. 2. DIRECTOR OF INSURANCE MEDICAL SERVICE THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR, INSURANCE MEDICAL SERVICE , SOUTH ZONE, KOLLAM 2 MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.35708 of 2009 --------------------------------- Dated, this the 11th day of December, 2009 J U D G M E N T The petitioner was appointed as a Part Time Sweeper by Ext.P1 order. Subsequently, by Ext.P2 he was promoted as Hospital Attender Gr.II. He will attain the age of 55 years and will have to retire from service on 30/11/2010. On the other hand, if the petitioner is able to get reverted to the post of Part Time Sweeper, he can continue till attaining the age of 70 years. 2. The petitioner submitted Ext.P5 representation to the 2 nd respondent requesting for reversion to the post of Part Time Sweeper. That has been rejected by Ext.P6 dated 28/07/2009. It is this order which is under challenge in this writ petition. 3. The learned counsel for the petitioner cited the cases of Shri.M.P.Mathai, Shri.G.Raveendran and Smt.V.N.Sarasamma, where claims similar to the one made by the petitioner were favourably considered following the directions of this Court. Exts.P9 to P13 are the documents submitted by the petitioner to substantiate this plea. WP(C) No.35708/2009 -2- 4. Having gone through Exts.P9 to P13, prima facie, I am inclined to agree with the petitioner. For this reason, Ext.P6 order rejecting Ext.P5 representation made by the petitioner cannot be sustained. Therefore, Ext.P6 will stand set aside and the 1st respondent is directed to consider the claim of the petitioner in the light of Exts.P9 to P13 referred to above. Orders as above shall be passed by the 1st respondent as expeditiously as possible, at any rate, within two months of production of a copy of this judgment, along with a copy of this writ petition. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg