IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 13510 of 2010(K) -------------------------- PETITIONER(S): --------------- DR.UMA.V., TUTOR IN FORENSIC MEDICINE AND TOXICOLOGY, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- 1. DR.BINDU PEREIRA.S., INDU VIHAR, TC 28/546, KAITHAMUKKU, THIRUVANANTHAPURAM-695 024 2. THE PRINCIPAL & CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 13510 of 2010 K ``````````````````````````````````````````````````````` Dated this the 25th day of May, 2010 J U D G M E N T The petitioner has joined as a Tutor in the Government Homoeopathic Medical College, Thiruvananthapuram on 24-04- 2006. Later, for the purpose of doing her P.G. Course, she availed Leave Without Allowance from 10-06-2006 to 16-05-2008. The 1st respondent was initially appointed as Tutor at Government Homoeopathic Medical College, Kozhikode in the leave vacancy of one Dr.Sanal Kumar M.C. On his rejoining duty, the 1st respondent was ousted from service for want of vacancy and thereafter given appointment in the leave vacancy of the petitioner. The petitioner rejoined duty after completing her course on 16-05- 2008. Thereafter, the 1st respondent approached this Court by filing W.P.(C) No.26289/2009. The said writ petition was disposed of as per Ext.P2. As per Ext.P2, a direction was given to the 2nd respondent therein, the 3rd respondent herein, to take a decision on Ext.P4 representation(Ext.P4 in W.P.(C) No.26289/2009) filed by the 1st respondent / petitioner therein. The grievance of the petitioner is that if ultimately the prayer of the 1st respondent is WPC.13510/10 : 2 : granted, it would affect her prejudicially. In the said circumstances, the petitioner has approached the 3rd respondent by filing objection to the petition filed by the 1st respondent herein. Ext.P4 is the said objection. This writ petition has been filed apprehending a decision by the 3rd respondent in the petition filed by the 1st respondent without any notice to the petitioner. 2. It is evident from Ext.P4 that the concern of the petitioner is that an order without notice to her would prejudice her promotional prospects. Therefore, without making any observations with regard to the merits of the contentions raised by the petitioner in this writ petition, I dispose of this writ petition with a direction to the 3rd respondent to issue notice and afford an opportunity of being heard to the petitioner herein also while taking up Ext.P4 representation mentioned in Ext.P2 judgment, filed by the 1st respondent. (C.T.RAVIKUMAR, JUDGE) aks