IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 W.P(C).No. 28904 of 2008(N) ----------------------------------- PETITIONER(S): ------------------ M. SIRAJUDEEN AGED 46 YEARS, S/O. A. MOHAMMED KUNJU, PERFUSIONIST CARDIO VASCULAR SURGERY, TRIVANDRUM MEDICAL COLLEGE RESIDING AT KANDATHILAYYATH VEEDU, MEMANA P.O., OACHIRA. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) SRI.P.R.MILTON RESPONDENT(S): ------------------- 1. THE DIRECTOR OF MEDICAL EDUCATION TRIVANDRUM. 2. STATEE OF KERALA REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, TRIVANDRUM. BY GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 28904 OF 2008 - N = = = = = = = = = = = = = = = Dated this the 29th day of September 2008 J U D G M E N T Petitioner's claim was for the post of Tutor Technician in the Medical Education Department. According to the petitioner, he had applied for the post by Ext. P2 and that at that time, he was working as a Laboratory Technician in the Thrissur Medical College. His claim was rejected by Ext. P6 dated 2.6.2003 on the ground that as he was subsequently posted as Perfusionist he had ceased to be in the feeder category. Petitioner's contention is that at the time when he applied for the post he was in the feeder category of the Laboratory Technician and therefore was eligible for the higher post. There is inordinate delay in questioning the validity of Ext. P6 and the same is explained by the petitioner contending that he was on leave without allowance and that during this period, on acquisition of degree in M.Sc.(MLT) from the Post Graduate Institute of Medical Education and Research, Chandigarh, he was on employment W.P.(C) No. 28904 OF 2008 -2- abroad. According to him, he has rejoined duty only on 15.3.2008, and he came to know of Ext. P6 only on his return from abroad. 2. It is contended that since factual aspects were not taken into account while passing Ext. P6 he has filed a fresh representation by Ext. P7. In this writ petition what is sought for is a direction to the 1st respondent to take up, consider and pass orders on Ext. P7. 3. If, as stated by the petitioner, Ext. P7 representation has been received and is pending, the 1st respondent shall take up, consider and pass orders thereon as expeditiously as possible, at any rate, within 8 weeks of production of a copy of this judgment. 4. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. ANTONY DOMINIC JUDGE jan/-