IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 34344 of 2009(K) -------------------------------------- PETITIONER: -------------------- BEENA S.R, PHARMACIST (ON TRANSFER) HEALTH SERVICES DEPARTMENT, THIRUVANANTHAPURAM. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENTS: -------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HEALTH & FAMILY WELFARE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (MEDICAL) DIRECTORATE OF HEALTH SERVICES THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH THIRUVANANTHAPURAM. SMT. ANUSIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 34344 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of December, 2009 JUDGMENT Petitioner was appointed as Pharmacist Grade-II in Thiruvananthapuram district. Ext.P1 is the advice memo and Ext.P2 is the appointment order. She was subsequently posted at Regional Institute of Opthalmology. 2. It is stated that in the state-wise seniority list of Pharmacists the petitioner is included as Sl. No.108. When the Government abolished dual control system of Hospital Staff under Health Services Department, the petitioner did not opt Medical Education Service and she wanted to continue under the Health Services Department. It is stated that by Ext.P5 the petitioner was relieved of her duties from the Regional Institute of Opthalmology and she was directed to report to the District Medical Officer of Health, Thiruvananthapuram. Accordingly, she reported before the third respondent who issued Ext.P6 directing the petitioner to report before the Director of Health Services, Thiruvananthapuram for suitable posting. This order states that there are 9 vacancies of Pharmacist in the Thiruvananthapuram district, but the vacancies are already reported to the W.P.(C) No. 34344/09 2 Kerala Public Service Commission and therefore, she cannot be provided in the district. Accordingly, when the petitioner reported before the second respondent, she was issued Ext.P8 order posting her to Thrissur district on temporary basis in the vacancies available in that district. Aggrieved by Ext.P8 order, this writ petition is filed. 3. The petitioner refers to Ext.P7, a copy of the minutes of the meeting held on 12-11-2009 in connection with abolition of duel control system. Clause C of Ext.P7 minutes provides that even in respect of vacancies, which are already reported to the Public Service Commission, in which the Commission has not taken any further action, the vacancies will be reduced and candidates like the petitioner, will be accommodated in such vacancies. It is stated that in view of the said decision and as the petitioner is senior in the cadre, she is entitled to be accommodated against one of the 9 vacancies, which are reported to the Public Service Commission. It is also stated that going by the general rules, even if one has to be shifted from the district, it is the junior most who should move out. 4. The learned Government Pleader, on instructions, submitted that arrangement under Ext.P8 is purely temporary and is to be reviewed. It is also submitted that steps are being taken to review the entire allotment and to accommodate senior candidates in the district itself. W.P.(C) No. 34344/09 3 5. If, as stated by the learned Government Pleader, Ext.P8 is only a temporary arrangement and the department has agreed to accommodate seniors like petitioner in Thiruvananthapuram district itself, the petitioner is entitled to be accommodated in Thiruvananthapuram district in one of the vacancies that are available. This is all the more so in view of clause C of Ext.P7minutes wherein it has been resolved to accommodate staff even against vacancies reported to the Public Service Commission. Therefore, it is essentially for the second respondent to take a decision in the matter, extending the benefit of Clause C of Ext.P7 and giving due regard the seniority of the petitioner. 6. Hence, I dispose of this writ petition directing that the petitioner may produce a copy of this judgment before the second respondent who shall consider the claim of the petitioner to be accommodated against an existing vacancy, extending the benefit of clause C of Ext.P7. Orders in this regard shall be passed as expeditiously as possible, at any rate, within two weeks of production of a copy of this judgment, along with a copy of the writ petition. ANTONY DOMINIC, JUDGE. mn.