IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 32955 of 2008(W) -------------------------- PETITIONER(S): --------------- SANTHI RAJESH, W/O.RAJESH, PHARMACIST COMMUNITY HEALTH CENTRE, PURAPPUZHA RESIDING AT KANJIRAKKATTU, VIRAPPEETI, KOTHAMANGALAM. BY ADV. SRI.NIDHI BALACHANDRAN SRI.ANIL R.NATH SRI.M.R.SUDHEENDRAN SRI.M.R.HARIRAJ SRI.P.A.KUMARAN SRI.SURAJ.S RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, IDUKKI. 3. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, PURAPPUZHA. GOVT. PLEADER SRI.ANTONY MUKKATH FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.32955 OF 2008 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the letter dated 8/7/2008 issued by the 3rd respondent to the petitioner. Ext.P2: True copy of the representation dated 14/7/2008 submitted by the petitioner before the 2nd respondent. Ext.P3: True copy of the order No.C1.7279/03/DMO(H)IDUKKI DATED 24.7.08. Ext.P4: A true copy of the judgment dated 13/8/2008 in W.P.(C) 24040/2008 of this Hon'ble Court. Ext.P5: True copy of the show cause notice dated 6/9/2008 issued by the 3rd respondent to the petitioner. Ext.P6: The true copy of the reply dated 9/9/2008 submitted by the petitioner before the 3rd respondent. Ext.P7: The true copy of the communication dated 24/9/2008 issued by the 2nd respondent to the petitioner. Ext.P8: True copy proceedings of the 2nd respondent dated 14/10/2008. Ext.P9: True copy of the communication dated 6/11/2008 issued by the 3rd respondent to the petitioner. Ext.P10: A true copy of the GO(MS) No.11/2006/PWD dated 28.2.2006. Ext.P11: True copy of the certificate dated 19.9.2002 issued by the Tahasildar, Kothamangalam. Ext.P12: True copy of order dated 28.8.2009 of the respondent. Ext.P13: True copy of the letter dated 31.8.2009 issued by the 2nd respondent. Ext.P14: True copy of the letter dated 6.1.2010 issued by the 3rd respondent. RESPONDENTS' EXHIBITS: Ext.R2(a): A true copy of the guide lines regarding allotment of quarters in Community Health Centre. Annexure-R3(a): True copy of the order No.333/08/MOHCP dated 28.8.09. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 32955 OF 2008 -------------------------------------------- Dated this the 10th day of February, 2010 JUDGMENT The petitioner is a Pharmacist working at Community Health Centre, Purappuzha. This Writ Petition is filed challenging Ext.P8 proceedings of the second respondent and Ext.P9 communication issued by the third respondent and also for a direction to respondents 2 and 3 to allow the petitioner to continue occupying the quarters allotted to her, pursuant to Ext.P3 order of the second respondent. 2. When the Writ Petition was taken up today, the learned Government Pleader, who was directed to get instructions as to whether the allotment of quarters as per Annexure R3(a) dated 28.8.2009 was made on a permanent basis, submitted, on instruction, that in the light of the interim order passed by this Court on 6.8.2009, the claim of the petitioner was treated as a special case by the third respondent and Annexure R3(a) order was issued. The learned Government Pleader also submitted that the allotment as per Annexure R3(a) is made on a permanent basis and, W.P.(C) NO. 32955/2008 2 therefore, the petitioner can continue to occupy the allotted quarters till she is moved out of the present station. The above submissions are recorded. In the light of the aforesaid submissions, the Writ Petition is closed. It is made clear that in the said circumstances, the petitioner shall vacate Quarter No.281 and shift her residence to the newly allotted quarters as per Annexure R3(a), within a period of ten days from today. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 32955/2008 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 32955/2008 JUDGMENT 10th February, 2010