IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 20453 of 2008(I) PETITIONER: --------------------- DR.P.MOLLY PAUL, W/O.K.K.JOSEPH, 52 YEARS, DENTAL CIVIL SURGEON, GENERAL HOSPITAL, ERNAKULAM BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. DIRECTOR OF HEALTH SERVICES, HEALTH SERVICES DIRECTORATE THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.20453 of 2008 I ------------------------- Dated this the 8th day of July, 2008. JUDGMENT The petitioner is working as a Dental Civil Surgeon in the General Hospital, Ernakulam. She submits that she is the senior most Dental Surgeon in the State of Kerala and refers to Ext.P2 in this regard. She aspires for promotion to the post of Deputy Director (Dental), which has become vacant with effect from 1.3.2008, on account of the retirement of Dr.Remadevi. The petitioner submits that she is entitled to be promoted to the post of Deputy Director (Dental) with effect from 1.3.2008 and has submitted Ext.P3 representation before the 1st respondent in this regard. The petitioner's request has been recommended by the Director of Health Services as per Ext.P5 dated 9.6.2008. Since there is no action on the part of the Government she has approached this court. It may be noted that Ext.P3 representation has been supplemented by Ext.P4, containing the same request. 2. I heard learned counsel for the petitioner and the learned Government Pleader. W.P.(C).NO.20453/08 :: 2 :: 3. Since the present vacancy in the post of Deputy Director (Dental) has arisen only account of superannuation of the incumbent on 29.2.2008, it is only reasonable to presume that the Government does not intend to keep the said post vacant and if the petitioner is the senior most, she is obviously eligible to be considered for promotion to the said post. In the result, the writ petition is disposed of directing the 1st respondent to consider and pass orders on the petitioner's request for promotion to the post of Deputy Director (Dental) and do the needful on Exts.P3 and P4, taking note of Ext.P5 also, within a period of six weeks from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge