IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33625 of 2009(W) -------------------------- PETITIONER(S): --------------- P.R.AZEEZKUTTY, UPPER DIVISION CLERK, MEDICAL COLLEGE HOSPITAL, KOTTAYAM. BY ADV. SRI.C.S.MANILAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICE, DIRECTORATE, THIRUVANANTHAPURAM. 4. THE DISTRICT MEDICAL OFFICER, KOTTAYAM. 5. E.U.SATHEESH KUMAR, U.D.CLERK, MEDICAL COLLEGE HOSPITAL, KOTTAYAM. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.33625 of 2009 --------------------------------- Dated, this the 25th day of November, 2009 J U D G M E N T The petitioner is working as Upper Division Clerk at Medical College Hospital, Kottayam. Following the abolition of Dual Control System, the petitioner opted for Medical Education Service. However, according to him, while retaining his juniors at the Medical Colleges itself, by Ext.P4 he has been transferred to Taluk Head Quarters Hospital, Pampadi. It is with this grievance, this writ petition is filed. It is reported that the petitioner has since been relieved from the Medical College. 2. The learned Government Pleader, on instructions obtained from the 4 th respondent, has confirmed the case of the petitioner that the option exercised by the petitioner was valid. 3. If that be so, necessarily, the grievance of the petitioner needs to be redressed. Therefore, this writ petition is disposed of directing that it will be open to the petitioner to approach the 1 st respondent by an appropriate representation within two weeks from WP(C) No.33625/2009 -2- today, in which event, the 1st respondent will examine whether options exercised by persons junior to him have been accepted and such person has been retained in the Medical College Hospital, Kottayam. If the case of the petitioner is found to be correct, necessary orders redressing his grievance will be passed. In any case final orders on the representation to be filed by the petitioner as above shall be passed as expeditiously as possible, at any rate, within six weeks of its receipt. The petitioner shall produce a copy of this judgment, along with a copy of this writ petition before the 1st respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg