IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Con.Case(C).No. 98 of 2011(S) ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29878/2010 Dated 04/10/2010 .................... PETITIONER(S): --------------- P.S.KASIM, AGED 54 YEARS, S/O.P.K.SAYED MOHAMMED(LATE), PHARMACIST STORE SUPDT., DISTRICT HOSPITAL, PALAKKAD, (NOW ON TRANSFER TO CALICUT), RESIDING AT ANUGRAHA, NEAR LITTLE FLOWER CHURCH, ALATHUR, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- SHRI.MAVOJI, FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM-695001. GOVT. PLEADER SHRI.SANDESH RAJA THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== Contempt Case (C).No. 98 of 2011 ================== Dated this the 4th day of February, 2011 J U D G M E N T The petitioner complains of non-compliance with the directions in the judgment dated 4.10.2010 in W.P.(C).No.29878/2010, the judgment in which, reads thus: “Petitioners in these two writ petitions are rival claimants for posting at Distric Hospial, Palakkad in the post of Store Superintendent. The petitioner in W.P(C) No. 29037/2010 challenged Ext. P6 order, whereby the petitioner's transfer and posting as Store Superintendent, Palakkad has been cancelled allegedly as directed by the State Election Commission. In view of the submission made by the learned standing counsel for the Election Commission that the Election Commission is not requisitioning any paramedical staff for election duties, I granted an interim order in that writ petition staying operation of Ext. P6 and for retention of the petitioner as Store Supervisor, District Hospital, Palakkad. 2. Thereafter, the petitioner in W.P(C) No. 29878/2010 has filed that writ petition contending that he has a better claim for posting at Palakkad. I am of opinion that the rival claims should be first decided by the Government, after hearing both sides. Accordingly, these writ petitions are disposed of directing the Secretary, Health and Family Welfare Department, Government Secretariat, Thiruvananthapuram to consider the claims of the petitioners in the two writ petitions and take a decision as to who is entitled to be posted at Palakkad. This shall be done as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners in both the writ petitions. In the meanwhile, status quo as on today shall be maintained.” Today, the learned Government Pleader produces before me a copy of order No. G.O(Rt.)No.319/2011/H&FWD dated 27.1.2011 issued pursuant to those directions. This is recorded and the contempt case is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2