IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 14179 of 2011(V) --------------------------------------- PETITIONER: ------------------- DR.DEEPTHI CHANDRAN, ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE, EDATHUA. BY ADV. SRI.S.KRISHNAMOORTHY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695 001. 3. DR.LEKSHMI S.R., JUNIOR CONSULTANT, TALUK HEAD QUARTERS HOSPITAL, CHENGANNUR-689 121. R1 & R2 BY GOVT. PLEADER SRI. A.J. JOSE, R3 BY SRI.K.R.B.KAIMAL, SENIOR ADVOCATE, ADV. SRI.B.UNNIKRISHNA KAIMAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.14179/2011-V: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER DTD. 26/02/2011 AND THE RELEVANT PAGE OF THE SENIORITY LIST. EXT.P.2: COPY OF THE LETTER DTD. 09/05/2011 ISSUED BY SUPDT., TALUK HEAD QUARTERS HOSPITAL, HARIPAD. EXT.P.3: COPY OF THE REPRESENTATION DTD. 14/03/2011. EXT.P.4: COPY OF THE REPRESENTATION DTD. 25/04/2011. EXT.P.5: COPY OF THE REPRESENTATION DTD. 10/05/2011. EXT.P.6: COPY OF THE ORDER NO.EA1-44189/2011/DHS DTD. 11/10/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. P.R. RAMACHANDRA MENON, J. .............................................. W.P.(C).NO.14179 OF 2011 ............................................. Dated this the 4th day of November, 2011. JUDGMENT The petitioner has approached this Court with the following prayers: i. to issue a writ of mandamus or other appropriate writ, order or direction directing the first and second respondents to grant the petitioner the placement/posting as Junior Consultant at Alappuzha district with effect from 26..2.2011, from the date of issuance of the order in Ext.P1. ii. to issue a writ of mandamus or other appropriate writ, order or direction directing the first and second respondents to grant a regular placement/posting for the petitioner as a Junior Consultant in Ophthalmology at Taluk Headquarters Hospital, Chengannur, replacing the 3rd respondent. 2. During the pendency of the writ petition, the second respondent has passed order No.EA1-44189/2011/DHS dated 11.10.2011, a copy of which has been produced as Ext.P6 along with I.A.No.16843/2011 preferred by the petitioner. 3. Learned counsel for the petitioner submits that by virtue of Ext.P6 order, the grievance of the petitioner stands redressed to a substantial extent and that the remaining W.P.(C).NO.14179 OF 2011 : 2 : question is with regard to granting of seniority on a notional basis with effect from 26.2.2011. 4. In the above circumstances, the writ petition is disposed of directing the second respondent to consider the said aspect after giving an opportunity of hearing to the petitioner as well as the third respondent. Appropriate orders shall be passed in accordance with law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. P.R. RAMACHANDRA MENON, JUDGE. cl