IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 17892 of 2011(J) ------------------------------- PETITIONERS: ---------------- 1. PUSHPAVALLY.V.P, SENIOR TECHNICIAN, DEPARTMENT OF GASTROENTEROLOGY, MEDICAL COLLEGE , CALICUT. 2. ELSAMMA.C.A, LAB TECHNICIAN HIGHER GRADE DEPARTMENT OF BIOCHEMISTRY,MEDICAL COLLEGE HOSPITAL , THRISSUR. BY ADV. SRI.C.HARIKUMAR RESPONDENTS: ------------------ 1. STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF MEDICAL EDUCATION, THE DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT MEDICAL COLLEGE, HEALTH DEPARTMENT, THIRUVANANTHAPURAM - 695 011. 3. DIRECTOR OF HEALTH SERVICES IN-CHARGE, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695 001. 4. BALAKRISHNAN.T, OFFICE OF THE DISTRICT MEDICAL OFFICER(HEALTH),KOLLAM - 691 001. BY SMT. RANI DIOTHIMA, GOVERNMENT PLEADER FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17892/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF PRESCRIPTION OF QUALIFICATION AND METHOD OF APPOINTMENT AS PER G.O.(MS) 250/82/HD DTD. 25.10.82. EXT. P2 : COPY OF CIRCULAR FOR FILLING UP THE JUNIOR SCIENTIFIC OFFICER POSTS AT MEDICAL COLLEGE, TRIVANDRUM DTD. 18.12.02. EXT. P3 : COPY OF TABLE SHOWING CATEGORY OF NUMBER OF POSTS SHIFTED TO ADMINISTRATIVE CONTROL OF D.M.E. IN CONNECTION WITH ABOLISHING THE DUAL CONTROL SYSTEM. EXT. P4 : COPY OF REPRESENTATION SUBMITTED BY 1ST PETITIONER TO R2, DIRECTOR OF GENERAL EDUCATION DTD. 23.9.10. EXT. P5 : COPY OF REPRESENTATION DTD. 9.3.11 SUBMITTED BY 2ND PETITIONER TO R2. EXT. P6 : COPY OF SENIORITY LIST DTD. 4.2.03. EXT. P7 : COPY OF COMMUNICATION DTD. 1.2.11. EXT. P8 : COPY OF REPRESENTATION PREFERRED BY 1ST PETITIONER BEFORE R1 DTD. 9.3.11. EXT. P9 : COPY OF REPRESENTATION DTD. 9.3.11 SUBMITTED BY 2ND PETITIONER BEFORE R2. EXT. P10 : COPY OF JUDGMENT OF this COURT IN WP(C) 8841/11 DTD. 30.3.11. EXT. P11 : COPY OF RELEVANT PAGE OF PROVISIONAL SENIORITY LIST ALONG WITH FORWARDING LETTER DTD. 7.4.11 OF R2. EXT. P12 : COPY OF ORDER DTD. 22.6.11 OF R3. EXT. P13 : COPY OF RELEVANT QUESTION AND TYPED COPY OF ANSWER AS PER G.O.(P) No.548/08/H&FWD DTD. 25.10.08. EXT. P14 : COPY OF ORDER OF R3 DIRECTOR OF HEALTH SERVICES DTD. 11.7.11. WP(C).No.17892/2011 EXT. P15 : COPY OF FINAL COMBINED SENIORITY LIST OF LAB TECHNICIAN GRADE I UNDER the DIRECTORATE OF MEDICAL EDUCATION AS ON 1.4.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17892 Of 2011 -------------------------------------------------- DATED THIS THE 31st DAY OF AUGUST, 2011 J U D G M E N T Both the petitioners are working in the Medical Colleges, namely, in Calicut and Thrissur in the Department of Gastroentrology and in the Department of Biochemistry respectively. The petitioners point out that posts in which they are working, namely, Senior Technician and Lab Technician(Higher Grade) are feeder category for the post of Junior Scientific Officer. The details of the petitioners' service have been given in paragraphs 1 and 2 of the Writ Petition. 2. This Writ Petition was filed when ignoring the request of the petitioners, the 4th respondent was posted in the Medical College Hospital, Thrissur in one of the vacancies. Mainly it is contended that the 4th respondent is from the Health Department and he cannot be accommodated in the post of Junior Scientific Officer in the Medical College, wherein the posts have been shifted. 3. On behalf of the Director of Medical Education, a statement was filed before this Court, wherein it is pointed out that posts coming under Medical College Hospitals are under the full administrative control of the Director of Medical Education. As per GO(P)No.548/08/H&FWD dt.25.10.2008, two posts of Junior Scientific Officers have been shifted to W.P.(C)No.17892/11 -2- the Director of Medical Education along with other posts due to the abolition of dual control system in Medical College Hospitals. Thus it was pointed out that the 3rd respondent Director of Health Services cannot promote a person according to his whims and fancies to a post coming under the control of the Director of Medical Education. In paragraph No.3 it is further averred that the petitioners herein are the rightful claimants to be promoted as Junior Scientific Officers and the 4th respondent cannot be permitted to joint here. 4. This Court passed an interim order dated 1.7.2011 staying the proceedings Exhibit P12 as far as the 4th respondent is concerned. The interim order was being extended from time to time. 5. Along with I.A.No.14455/11, the petitioner has produced Exhibit P14, an order by which the Director of Health Services has re- posted the 4th respondent in the District Hospital, Palakkad. It is stated therein that in the light of the direction received from the Director of Medical Education, Thiruvananthapuram, the Principal had refused to permit him to join duty in the Medical College, Thrissur. 6. The learned counsel for the petitioner submitted that in the light of the above, the Writ Petition may be disposed of directing the Director of Medical Education to pass appropriate orders regarding promotion of the petitioners who are the rightful claimants. Exhibit W.P.(C)No.17892/11 -3- P15 is stated to be the copy of the final seniority list from 1.4.2011 wherein the petitioners' names have been shown as Sl.Nos.1 and 2. 7. There will be a direction to the Director of Medical Education to consider the claim for promotion of the petitioners to the posts of Junior Scientific Officer in the two posts available under the Medical Education Service and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this judgment. In the light of Exhibit P14 order, it has become unnecessary to consider the challenge against Exhibit P12 order as far as the 4th respondent is concerned. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn