IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 12861 of 2009(C) ------------------------------------- PETITIONER(S): ------------------------ 1. M.SURESH, FIELD WORKER, NATIONAL FILARIA CONTROL PROGRAMME UNIT, CHAVAKKAD, TRICHUR DISTRICT. 2. BIJU K.V., FIELD WORKER, NATIONAL FILARIA CONTROL PROGRAMME UNIT, ERNAKULAM. 3. MOHANAN C.K., FIELD WORKER, NATIONAL FILARIA CONTROL PROGRAMME UNIT, TRICHUR. 4. MURALEEDHARAN K.K., FIELD WORKER, NATIONAL FILARIA CONTROL PROGRAMME UNIT,TANNUR, MALAPPURAM. BY ADVS. MR.P.C.SASIDHARAN MR.E.S.ASHRAF RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICE, OFFICE OF THE D.H.S., THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, OFFICE OF THE D.M.O., KOTTAYAM. BY GOVT. PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2009,ALONG WITH WPC. NO.15302 OF 2009 14665 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 12861/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER ISSUED BY THE DIRECTOR OF HEALTH SERVICE DT. 28.2.09. P2:- COPY OF THE SENIORITY LIST PUBLISHED BY THE D.H.S. VIDE PROCEEDINGS DT. 7.10.08. P3:- COPY OF THE ORDER ISSUED BY THE GOVERNMENT DT. 23.1.2009. P4:- COPY OF THE ORDER ISSUED BY THE GOVERNMENT DT. 30.3.09. P5:- COPY OF THE ORDER ISSUED BY THE D.H.S. DT. 27.3.09. P6:- COPY OF THE ORDER ISSUED BY THE ELECTION COMMISSION DT. 9.3.09. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)Nos.12861, 14665 & 15302 of 2009 -------------------------------------- Dated 19th June, 2009 JUDGMENT Common questions arise in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. 2. The grievance voiced by the petitioners, who are presently working as Field Workers is that Ext.P2 order dated 28.2.2009 produced in W.P.(C)No.14665 of 2009 issued by the Director of Health Services, promoting them to the category of Junior Health Inspector Grade II has not been implemented. The petitioners contend that though 52 persons including them were promoted by Ext.P2 order dated 28.2.2009, all except them have been given posting orders. It is brought to my notice that a Division Bench of this Court has by judgment delivered on 5.6.2009 in W.A.No.470 of 2009 and connected cases directed that promotions made as per Ext.P2 order dated 28.2.2009 shall be treated as provisional and that further promotions shall be made only after the review of promotions ordered by this Court in the aforesaid judgment is completed. This Court has in the said judgment also directed that the aforesaid interim arrangement shall continue until the appointing authority passes final orders as directed by this Court. WP(C).No.12861, 14665 & 15302/2009 2 3. In view of the judgment of the Division Bench of this Court in W.A.No.470 of 2009 and connected cases, the promotions effected as per Ext.P2 order dated 28.2.2009 can be treated only as provisional and subject to the outcome of the review ordered by this Court in the aforesaid judgment. 4. The pleadings disclose that out of the 52 persons promoted as per Ext.P2 order dated 28.2.2009, except the petitioners the other persons have been given posting orders. I therefore find no reason why the petitioners should not be given the benefit of Ext.P2 order dated 28.2.2009. I accordingly dispose of these writ petitions with a direction to the respondents to implement Ext.P2 by giving posting orders to the petitioners, subject to the outcome of the review being undertaken by the Government pursuant to the directions issued by this Court in W.A.No.470 of 2009 and connected cases. It is clarified that the directions issued by this Court in paragraph six of the judgment in W.A.No.470 of 2009 and connected cases will govern these cases also. Orders giving posting to the petitioners in implementation of Ext.P2 shall be passed subject to the above observations, within two weeks from today. P.N.RAVINDRAN Judge TKS