IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 36481 of 2007(R) -------------------------- PETITIONER: ------------ 1. GEETHAMMA K.R., AGED 41 YEARS, D/O T.S.RAVEENDRAN, JUNIOR HEALTH INSPECTOR GRADE I, PHC VAZHALTHAPPU, IDUKKI, RESIDING AT KOLASSERIL HOUSE, MALAYALAPUZHA P.O., PATHANAMTHITTA. 2. JAYALAKSHMI A.K., AGED 36 YEARS, S/O SANTHOSHKUMAR, JUNIOR HEALTH INSPECTOR GRADE I, PHC MALAYIDAMTHURUTHU, ERNAKULAM, RESIDING AT ASANMANNIL HOUSE, MANGARAM, KONNI, PATHANAMTHITTA. 3. SIVAKUMARI S., AGED 37 YEARS, S/O VINOD, JUNIOR HEALTH INSPECTOR GRADE I, PHC VARAPPUZHA, RESIDING AT POURNAMI, ARANMULA P.O., KACHERIPADY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: ------------- 1. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. ADDITIONAL DIRECTOR OF HEALTH SERVICES(PH), DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. PRAKASH R., C.H.C., PUTHENCHIRA, THRISSUR. 4. MINI MOL K., P.H.C., MADAVANA, THRISSUR. 5. ASHA V., PHC, NETTOOR, ERNAKULAM. WP(C).No. 36481 of 2007 -2- 6. T.G.VINOD, PHC, KUTHAMPILLY, THRISSUR. 7. D.M.O, IDUKKI. 8. D.M.O., ERNAKULAM. BY GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36481 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1- A COPY OF THE RELEVANT PORTION OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 30.11.2004. EXT.P2- A COPY OF THE LETTER DATED 14.3.06 EXT.P3- COPY OF the LETTER OF THE EIGHTH RESPONDENT TO THE FIRST RESPONDENT FORWARDING ONE AMONG THE SECOND PETITIONER'S APPLICATION EXT.P4- COPY OF THE LETTER DATED 13.12.06 FROM THE MINISTER'S OFFICE. EXT.P5- COPY OF THE REPRESENTATION DATED 20.7.07 SUBMITTED BY SECOND PETITIONER TO THE FIRST RESPONDENT EXT.P6- COPY OF the REPRESENTATION DATED 15.10.07 EXT.P7- COPY OF THE REPRESENTATION DATED 28.10.05 EXT.P8- COPY OF THE REPRESENTATION DATED 14.8.06 EXT.P9- COPY OF the ORDER DATED 24.11.07 EXT.P10- COPY OF the REPRESENTATION DATED 7.12.07 EXT.P11- COPY OF THE REPRESENTATION DATED 7.12.07 EXT.P12- COPY OF THE REPRESENTATION DATED 7.12.07 (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).36481/2007 -------------------- Dated this the 8th day of January, 2008 JUDGMENT Petitioners are Junior Health Inspectors Grade-I and they are natives of Pathanamthitta District. But they are currently posted in Idukki and Eranakulam Districts respectively. Their request for a posting in Pathanamthitta District was ignored and apparently Juniors were given a posting in Pathanamthitta District as per Ext.P9. This has been challenged by the petitioners in this Writ Petition. The juniors to the petitioners who have been given a posting in Pathanamtitta District are impleaded as respondents 3 to 6. In spite of notice by messenger, they have not agreed to appear before this Court. Writ petition is therefore, taken up for hearing after finding that service of notice has been effected. 2. The averments in the writ petition that respondents 3 to 6 are juniors to the petitioners but nevertheless they have been given a posting in the Pathanamthitta District overlooking the petitioners' claim stand uncontroverted. I find no reason not to accept the petitioner’s case. W.P.(C).36481/2007 2 3. Learned senior Government Pleader submits that a decision has been taken to give a posting to petitioners 1 and 2 in Pathanamthitta District. Submission is recorded. Sri.Nandakumar also placed before me a copy of the order of posting of petitioners 1 and 2 in Pathanamthitta district. In the circumstances, no further issue survives in this writ petition as regards petitioners 1 and 2. 4. In so far as the third petitioner is concerned, second respondent shall re-consider her case and Ext.P9 in so far as it gives a posting to respondents 3 to 6 and does not give a posting to the petitioner in Pathanamthitta District shall not stand in the way of the third respondent's claim being considered. If the third petitioner is senior to respondents 4 to 6, he shall also be given a posting in Pathanamthitta District. If any one among respondents 4 to 6 have to be shifted, then the junior most among them will be so shifted. Appropriate orders in this regard shall also be passed W.P.(C).36481/2007 3 within one month from the date of receipt of a copy of this judgment. The third petitioner shall produce a copy of this judgment before the first respondent for compliance. Writ petition is disposed of as above. V.GIRI, Judge mrcs