IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 6915 of 2006(W) --------------------------------------- PETITIONER: -------------------- K.GIRIJA, LABORATORY TECHNICIAN, STATE INSTITUTE OF PUBLIC HEALTH AND LABORATORY, THIRUVANANTHAPURAM. BY ADV. SMT.SREEDEVI KYLASANATH SRI.T.P.DEYANANTHAN SMT.S.PREETHA RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH SERVICES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. B.SUSHAMA, DISTRICT LABORATORY TECHNICIAN, P.H.LAB, THIRUVANANTHAPURAM. *ADDL.R4 IS IMPLEADED: R4. M.A.CHANDRACHOOD, LAB TECHNICIAN, DEPARTMENT OF DERMATOLOGY & VENEREOLOGY, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. (*ADDL.R4 IS IMPLEADED AS PER ORDER DTD. 28/06/2007 IN I.A.NO.8773/2007) BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU BY SR.GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.6915/2006 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(MS)26/97/H&FWD DTD. 29/01/1997. EXT.P2: COPY OF CIRCULAR NO.EF2-21123/2002/DHS DTD. 4/11/2004 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF LETTER NO.EF2-21123/02/DHS DTD. 18/05/2005 OF 2ND RESPONDENT. EXT.P4: COPY OF THE LETTER NO.25020/E2/2005/H&FWD DTD. 3/06/2005 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE LETTER DTD. 8/06/2005 OF THE 2ND RESPONDENT. EXT.P6: COPY OF THE LETTER DTD.17/08/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P7: COPY OF THE REPRESENTATION DTD. 12/07/2005 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7(A): COPY OF THE REPRESENTATION DTD.1/03/2006 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P8: COPY OF G.O.(MS) NO.40/75 DTD.21ST FEBRUARY, 1975. EXT.P9: COPY OF THE RELEVANT PART OF THE ORDER OF APPOINTMENT DDTD. 25/05/07 OF 3RD RESPONDENT IN THE CADRE OF JUNIOR SCIENTIFIC OFFICER. 4TH RESPONDENT'S EXHIBITS: EXT.R4(1): COPY OF G.O.(MS) NO.39/73/HD DTD. 12/03/1973. EXT.R4(2): COPY OF THE G.O.(MS) NO.40/75/HD DTD.21/02/1975. EXT.R4(3): COPY OF THE REPRESENTATION DTD. 31/05/2005 TO THE 1ST RESPONDENT. EXT.R4(4): COPY OF THE REPRESENTATION DTD. 20/04/2005 TO THE HON'BLE CHIEF MINISTER AND 1ST RESPONDENT. EXT.R4(5): COPY OF THE REPRESENTATION DTD. NIL TO THE 1ST RESPONDENT. EXT.R4(6): COPY OF THE NOTIFICATION NO.EF2-21123/02 DHS DTD. 4/11/2004 ISSUED BY THE ADDL.DIRECTOR OF HEALTH SERVICES. EXT.R4(7): COPY OF THE ORDER NO.20132/E2/05/H&FWD DTD. 6/7/2005 ISSUED BY THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT. /TRUE COPY/ Kss P.S.TO JUDGE V.GIRI, J. ------------------------- W.P.(C).No.6915 of 2006 ------------------------- Dated this the 21st day of January, 2008. JUDGMENT The petitioner is working as Lab Technician in the Health Services Department. She aspires for promotion to the post of Junior Proto-zoologist. Ext.P1 contains the Special Rules providing the method of appointment and qualification for the said post. The appointment is by promotion and in the absence of suitable candidates, by direct recruitment. Insofar as promotion is concerned, it is from the Junior Scientific Officers in the Public Health Laboratory/District Laboratories/Regional Laboratories with the requisite qualification. The qualification prescribed are as follows: (a) M.Sc. Zoology (b) B.Sc.(MLT) Degree with two years actual duty experience in Clinical or Bacteriological work in a Government Public Health Laboratory/Regional Laboratory/District Laboratories Government Hospitals after acquisition of basic qualification i.e. B.Sc.MLT. W.P.(C).NO.6915/06 :: 2 :: 2. It seems that the petitioner and the 3rd respondent are qualified for being considered. The grievance of the petitioner is that Departmental Promotion Committee has not been convened so far in relation to the post of Proto-zoologist. Hence the writ petition for a direction to the 1st respondent to convene the DPC and then fill up the vacancies. 3. A counter affidavit has been filed by the respondents, inter alia, stating that instructions have been given to the Director of Health Services to prepare a final seniority list and to effect and regular promotion. In the result, after hearing the counsel on both sides, the writ petition is disposed of in the following terms: (1) The 2nd respondent shall finalise the seniority list of the feeder category to the post of Proto-zoologist within three months from today. (2) Thereupon, the 1st respondent shall cause a DPC to be convened to the post of Junior Proto-zoologist and based upon the select list to be published in that regard, promotions will be effected. W.P.(C).NO.6915/06 :: 3 :: (3) The entire process outlined above, shall be completed within 6 months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//