IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 15546 of 2006(A) ---------------------------------------- PETITIONER: -------------------- E. BALAKRISHNAN, S/O.MOORKOTH KRISHNAN, AGED 45 YEARS, PRASANNALAYAM, PATHIRIYAD, SANKARNELLURE P.O., (VIA) KUTHUPARAMBA, KANNUR DISTRICT. (INSECT COLLECTOR UNDER N.F.C.P.UNIT, KOYILANDY). BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.C.S.SUNIL SMT.C.G.PREETHA SRI.M.PRAVEESH RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH SERVICE DEPARTMENT, TRIVANDRUM. 2. THE DISTRICT MEDICAL OFFICER, KOZHIKODE. BY SR.GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15546/2006 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 19/10/2002 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE SENIORITY LIST OF THE FIELD WORKERS AFTER 20/10/1997. EXT.P3: COPY OF THE REPRESENTATION DTD. 28/03/2005 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE ORDER NO.A7/2043/99 DTD. 25/02/1999 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE G.O.(MS) 216/89/H&FWD DTD. 11/10/1989 ISSUED BY THE HEALTH AND FAMILY WELFARE DEPARTMENT. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.15546 of 2006 ------------------------- Dated this the 21st day of January, 2008. JUDGMENT The petitioner entered service as Field Worker in 1996 as per Ext.P1 Government Order dated 19.06.1996. The method of appointment to the post of Insect Collector in the National Filaria Control Project Unit in the Department of Health Services is by way of appointment from Field Instructors and in their absence, from among the persons holding the post of Field Assistants. According to the petitioner, he was entitled to be considered for promotion to the post of Field Assistant on completion of two years of service in the post of Field Worker. But, ultimately, he was promoted only as per Ext.P1 dated 19.10.2002, that too after having approached this court. The petitioner submits that he is entitled to be appointed with effect from 19.10.1998 as prescribed under the Special Rules. It is on this basis that the petitioner has approached this court seeking a direction to the respondents to consider the petitioner's request for promotion to the post of Field W.P.(C).NO.15546/06 :: 2 :: Assistant/Insect Collector with reference to an anterior date from 19th June, 1998. 2. In the counter affidavit filed by the respondents, it is pointed out that the probation of the petitioner in the post of Field Worker was declared with effect from 12.4.1999 and hence the petitioner's name for promotion can be considered only after completion of his probation. There was delay in effecting promotion to the post of Field Assistant. This was because All Kerala Health Services Field Assistants had approached this court in O.P.No.3992/99 challenging the promotion of Field Assistants. A learned single Judge of this Court had cancelled all the promotions effected to the post of Field Assistants from among the Field Workers finding that the promotions are effected in violation of the Rules. An appeal was filed as W.A.No.1643/00 and the appeal was allowed on 5.10.2001. It is thereafter that the petitioner has filed this writ petition and by Ext.P1 order he was promoted. Ext.P3 representation filed by the petitioner is pending consideration before the Government. W.P.(C).NO.15546/06 :: 3 :: 3. I heard learned counsel for the petitioner and the learned Government Pleader. 4. Significantly, there is no allegation that a person junior to the petitioner was promoted overlooking the petitioner's seniority. Essentially, the petitioner's case is that there were vacancies in the post of Field Assistant/Insect Collector which could have been filled up from among eligible persons even prior to Ext.P1. Apparently, there is a contention that further promotion to the post of Health Inspector will be adversely affected when a select list is prepared. The delay in the promotion to the post of Field Assistant in Kozhikode District will detrimentally affect persons like the petitioner when their turn comes for promotion to the post of Health Inspector, it is contended. 5. So long as the petitioner does not have a case that his juniors have been promoted to the post of Field Assistant ahead of him, it will not be possible to direct the respondents to promote the petitioner from an anterior date. In such circumstances, I do not find any reason to issue such a direction. There is no justification W.P.(C).NO.15546/06 :: 4 :: for issuing any direction. But, taking note of the submission in the counter affidavit that Ext.P3 representation is pending, there will be a direction to the 1st respondent to consider and pass orders on Ext.P3, after hearing the petitioner within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//